District Attorney Krasner Calls for Greater Urgency & Action on Overdose Prevention
CONTACT:
Jane Roh, 215–686–8711, Jane.Roh@phila.gov
PHILADELPHIA (March 18, 2021) — District Attorney Larry Krasner issued the following statement calling for greater urgency and intergovernmental cooperation on addressing the substance use disorder and overdose crisis:
“The District Attorney’s Office regards fentanyl test strips as a tool to prevent overdose and save lives. Earlier this year, we formally adopted a policy to decline prosecution of individuals arrested for mere possession or distribution of fentanyl strips, just as we adopted a policy of not prosecuting possession of buprenorphine, a drug used in opioid addiction treatment to help people recover from addiction. It is our goal to promote a public health approach to overdose prevention with regard to substance use and substance use disorder. You have to survive to recover.
“The most recent available data shows that 1,150 people died due to unintentional drug overdose in 2019. It is widely expected that more Philadelphians will have died from unintentional overdose deaths in 2020. Fentanyl, which is cheap to produce and is found in a variety of drugs including heroin, stimulants, and pressed pills, has been the most common cause of fatal overdose in Philadelphia since 2017. Fentanyl test strips enable people to avoid fatal overdose, reducing harms for them, their families, and communities.
“We must confront the death and suffering caused by drug overdose. Pennsylvania continues to be a leader among states in overdose deaths; this crisis is acknowledged across county and partisan lines. Governor Wolf has renewed a statewide disaster declaration due to overdose deaths, and the federal government has authorized $1.5 billion in block grants for substance use disorder services as part of the American Rescue Plan. We cannot allow another generation of kids to grow up having lost a parent or sibling to overdose or substance use disorder that could have been prevented with scientific, compassionate policies and approaches from government.
“The Philadelphia District Attorney’s Office stands with the harm reduction community in embracing new and creative approaches to overdose prevention and substance use management: Offering clean, supervised facilities for people to get a meal, pick up medications, trade used needles for new ones, to protect their lives with overdose prevention and reversal tools, or just to use the restroom (which prevents the spread of hepatitis A) is a sensible and humane approach and greatly benefits non-users in residential communities.
“In the United States, no block or neighborhood should be declared ‘lost’ to a public health epidemic, whether it be gun violence or overdose. We have the knowledge and tools to intervene when communities struggle. COVID-19 vaccine distribution and reopening of work and recreational spaces show us the power of government when used effectively to protect people.”
As with all DAO policies, the fentanyl test strip policy creates a presumption for staff to follow while also allowing staff discretion to seek approval from a supervisor to act contrary to the policy. If an individual is arrested for merely possessing or distributing fentanyl test strips, the presumption is that the entire case is to be declined. If an individual is also arrested for additional offenses, the presumption is that Assistant District Attorneys may proceed on the other charges.
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The Philadelphia District Attorney’s Office is the largest prosecutor’s office in Pennsylvania, and one of the largest in the nation. It serves the more than 1.5 million citizens of the City and County of Philadelphia, employing 600 lawyers, detectives, and support staff. The District Attorney’s Office is responsible for prosecution of approximately 40,000 criminal cases annually.
