According to a resolution of the Lompoc City Council: “The United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis.”

Lompoc is no different, and people, including infants, have died because of exposure to opioids.

According to the U.S. Department of Health and Human Services: “Opioids are prescribed to treat pain. With prolonged use, pain-relieving effects may lessen, and pain can become worse. In addition, the body can develop dependence. Opioid dependence causes withdrawal symptoms, which makes it difficult to stop taking them.”

The U.S. Government was determined to get this matter under control by suing someone, but instead of suing the medical professionals who provided the prescriptions for these pain killers, or the users who abuse them, they attacked the drug manufacturers.

Last November a settlement was reached with several pharmaceutical companies to help mitigate the harm caused by these drugs. But the physicians who prescribed the drugs are immune from liability.

The National Law Review reported: “On June 27, 2022, the United States Supreme Court ruled that doctors who act in subjective good faith in prescribing controlled substances to their patients cannot be convicted under the Controlled Substance Act (“CSA”).”

That’s sort of like saying, people who use guns to kill people aren’t responsible for their actions, it’s the gun manufacturers who are liable.

And, what about the drug abusers? Many of us wonder why there is a public health crisis due to opioid use/abuse in Lompoc and everywhere else.

One reason might be the lenient treatment of drug offenders. The California Health and Safety Code says, a “court may, when it would be in the interest of justice, permit a person convicted of (being under the influence of a controlled substance) in order to alleviate jail overcrowding and to provide recidivist offenders with a reasonable opportunity to seek rehabilitation (not commit them to jail).”

The staff reported to the Lompoc City Council on April 4 that “The County is estimated to receive in the tens of millions of dollars from the 2021 Settlement Agreements, that can presumably be used for a coordinated countywide opioid remediation use.”

Since they are responsible for public health, it makes sense that they would oversee addressing this issue.

The City Council was being asked if they wanted to receive direct payments or elect to have them go to the county. If they elected to receive direct payments, the staff say a “rough estimate of Lompoc’s share of this maximum amount would be approximately $600,000, which would be distributed over a 5-to-15-year period.”

That’s $120,00 or $40,000 a year, depending on how the companies elect to pay the bill; that will solve the problem.

The staff provided a list of approved uses for the new revenue. On that list I find many ways the Ccity could use those funds and ways that the city isn’t prepared to do (all the treatment measures) depending on how the list is interpreted.

For example, they could expand training for first responders, schools, community support groups and families; and increase distribution to individuals who are uninsured or whose insurance does not cover the needed service, fund media campaigns to prevent opioid use, fund school resource officers, a public spokesperson.

Or they could fund Narcan distribution or free needles for the weak who will continue using these drugs (legal or illegal).

But would the amount the city could receive be enough to launch an effective program? The staff says: “Direct receipt by Lompoc would require complying with strict accounting and reporting requirements, including annual written reports regarding use of the funds and tracking of all deposits and expenditures, and state audits.”

So, it looks like a lot of government report writing and not much service.

Of course, they could have sent the funds to the county, then the city could “avoid annual reporting and auditing compliance costs unless, in any given year.”

But, the City Council had a different view; they voted 5-0 to receive the funds directly. This will be a heavy load for the city to undertake with the limited funds that will be available.

Will a city-run program work? Probably as well as the current program works.

In other words, spend a week or so in rehab and go back to abusing drugs, get caught again and repeat the process.

References:
1. https://www.natlawreview.com/article/update-opioid-liability-ruling-doctors-scotus-deals-blow-to-doj.

2. Staff report: https://www.cityoflompoc.com/home/showpublisheddocument/37381

3. Item 4 concerning eligible uses of Opioid Settlement revenue: https://www.cityoflompoc.com/home/showpublisheddocument/37379/638157921093457798.