One Florida Drug Law Is Based On Pure Myth

In early 2024, a wave of videos began to make their way around the internet. Each one allegedly showed a law enforcement officer in significant distress after being exposed to fentanyl – except the ‘exposure’ was always via inhalation or skin contact. In reality, these are both extremely unlikely ways to overdose on fentanyl, as biologists have confirmed that there has never been a “toxicologically confirmed case” of fentanyl exposure via inhaling dust or merely touching it. Yet Florida passed a law in 2024 that seeks to criminalize exactly this.

How Does Fentanyl Behave?

Fentanyl is a synthetic opioid, used primarily to treat severe pain for people who are terminally ill. It has become a popular street drug, and it is indisputable that it has become a severe problem for law enforcement. Fentanyl abuse has killed many, with as many as 92 percent of the opioid overdoses in 2023 being attributed to fentanyl. However, there is significant evidence that suggests fentanyl is not dangerous in many of the specific ways law enforcement believe it is.

State drug laws are harsh, with possession of any amount of fentanyl being charged as a felony simply because fentanyl has caused so much societal damage. That said, in order to hold a person liable for the injuries of another person, a plaintiff’s attorney must be able to establish that the defendant’s actions and the harm a plaintiff suffers are linked. One Florida law seems to sever the two, with potentially unsettling consequences.

Potentially Problematic Legal Issues

Penalties for fentanyl use and possession in Florida are stiff, in keeping with those for other drug offenses. However, in 2024, the state’s governor signed a law into effect that criminalizes the ‘reckless exposure’ of a first responder to fentanyl or its analogues if an overdose occurs. In theory, there is nothing inappropriate about this law – but it defines “exposure” as including inhalation or “absorption through skin,” the possibility of which have both been widely debunked.

In addition, it is not uncommon for law enforcement officers to misidentify panic attacks as overdoses. The climate of fear around fentanyl is so strong that perceived exposure causes panic – but if an officer believes they have been exposed to fentanyl, they have an incentive to arrest the one they believe caused it, even if the scenario is actually scientifically impossible. it is not impossible to think that a person might be arrested and charged with a crime under this law when they in fact did nothing of the kind.

Call A West Palm Beach Fentanyl Exposure Attorney

Fentanyl is a controlled substance that is unlawful for most people to possess, but in order to properly assess its dangers, the law must be grounded in facts. If you have questions or concerns about fentanyl-related charges, a West Palm Beach drug crime attorney from Perlet & Shiner, P.A. may be able to assist. Call our office today to speak to an attorney.

Source:

npr.org/2023/05/16/1175726650/fentanyl-police-overdose-misinformation