Summary of Argument

Defendants seek to open a facility specifically designed to address the public health emergency posed by the epidemic of opioid-related overdoses. Like a syringe exchange, the contemplated OPS would provide people who inject drugs with sterile equipment to minimize the spread of illness. And like any emergency medical care provider, the contemplated OPS would also administer oxygen or naloxone to reverse overdoses. But rather than pushing participants onto the streets to inject in an unhygienic and unmonitored place, such as behind a dumpster or in a public restroom, Defendant Safehouse would fill the life-threatening gap in existing services by providing space for supervised consumption and observation. Supervision ensures that individuals who could otherwise be at high risk of death if they inject unsupervised or alone are within immediate reach of lifesaving medical care – including the administration of oxygen, CPR, or naloxone – in the event of an overdose. Safehouse would also provide additional services to help injection drug users, who are often extremely medically vulnerable, stabilize their lives and improve their health. These services would include on-site initiation of medication-assisted treatment for substance use disorder, basic medical services, wound care, physical and behavioral health assessments, and referrals to social services.

While new in the United States, more than 110 OPSs currently operate in at least 11 other countries, with many more expected—for example, Portugal just recently opened the first of several planned mobile overdose prevention units. Not one of these OPSs has ever reported a fatal overdose inside its facility. The supervision available in an OPS is directly responsible for saving lives: for example, at a facility in Vancouver, Canada, 175,464 drug users visited the OPS in 2017 and the OPS staff administered 2,151 overdose interventions. As law enforcement and criminal justice leaders, amici’s objective is to maintain public safety; saving the lives and promoting the health of all members of the community is as central to that mission as preventing and prosecuting crime. Amici therefore urge the Court to deny Plaintiff/Counterclaim Defendant United States of America and Third-Party Defendants’ Motion for Judgment on the Pleadings and to declare that 21 U.S.C. § 856 does not prohibit Safehouse from opening a facility that exists for the purpose of preventing fatal drug-related overdoses.

Summary of Argument

The defendants propose establishing a facility specifically intended to address the public health crisis stemming from opioid-related overdoses. Similar to a syringe exchange program, the planned Overdose Prevention Site (OPS) would furnish sterile equipment to individuals who inject drugs, thereby reducing disease transmission. Consistent with emergency medical care providers, the OPS would also administer oxygen or naloxone to reverse overdoses. Rather than compelling individuals to inject in unsanitary and unsupervised public locations, Safehouse would provide a monitored environment for drug consumption and observation. This service would address a critical gap in current public health provisions. Supervision ensures that individuals at high risk of fatal overdose when injecting unsupervised or in isolation have immediate access to life-saving medical interventions, such as oxygen, cardiopulmonary resuscitation (CPR), or naloxone, in the event of an overdose. Additionally, Safehouse would offer supportive services designed to promote stability and enhance the health of injection drug users, a population frequently characterized by significant medical vulnerabilities. These comprehensive services encompass on-site initiation of medication-assisted treatment for substance use disorder, fundamental medical care, wound management, physical and behavioral health evaluations, and referrals to essential social services.

Although a novel concept in the United States, over 110 Overdose Prevention Sites (OPSs) are operational across at least 11 other nations, with further expansion anticipated; for instance, Portugal recently initiated its first of several planned mobile overdose prevention units. Significantly, no fatal overdoses have been reported within any of these operational OPS facilities. The supervised environment provided by an OPS demonstrably contributes to saving lives. For example, a Vancouver, Canada, facility recorded 175,464 visits from drug users in 2017, during which staff successfully intervened in 2,151 overdose incidents. For law enforcement and criminal justice leaders, the amici, the primary objective is public safety. This mission inherently includes preserving lives and promoting the health of all community members, a goal as crucial as crime prevention and prosecution. Consequently, the amici respectfully request that the Court deny the Motion for Judgment on the Pleadings filed by Plaintiff/Counterclaim Defendant United States of America and Third-Party Defendants. Furthermore, they seek a declaration that 21 U.S.C. § 856 does not preclude Safehouse from operating a facility dedicated to preventing fatal drug-related overdoses.

Summary

A proposed facility aims to address the public health crisis of opioid overdoses. Similar to syringe exchange programs, this overdose prevention site (OPS) would offer sterile equipment to people who inject drugs, thereby reducing the spread of illness. Like any emergency medical provider, the OPS would also administer oxygen or naloxone to reverse overdoses. Instead of individuals injecting in unhygienic and unsupervised public spaces, the Safehouse facility would provide a supervised environment, filling a critical gap in current services. This supervision ensures that individuals at high risk of a fatal overdose when injecting alone have immediate access to life-saving medical care, including oxygen, CPR, or naloxone. Safehouse would also provide additional support for drug users, who are often medically vulnerable, to help stabilize their lives and improve their health. These services would include on-site medication-assisted treatment for substance use disorder, basic medical care, wound care, physical and behavioral health assessments, and referrals to social services.

While new in the United States, over 110 overdose prevention sites currently operate in at least 11 other countries, with more expected, such as new mobile units recently launched in Portugal. None of these existing OPSs have ever reported a fatal overdose within their facilities. The supervision offered at these sites demonstrably saves lives; for example, a Vancouver, Canada, facility reported 2,151 overdose interventions among 175,464 visits in 2017. Law enforcement and criminal justice leaders, acting as amici, aim to maintain public safety. They believe that saving lives and promoting community health are as central to this mission as preventing and prosecuting crime. Therefore, the amici urge the Court to deny the United States' motion and declare that federal law (21 U.S.C. § 856) does not prohibit Safehouse from operating a facility designed to prevent fatal drug-related overdoses.

Summary of Argument

Safehouse, a defendant in this case, seeks to open a facility specifically designed to address the public health crisis of opioid-related overdoses. This proposed Overdose Prevention Site (OPS) would function similarly to a syringe exchange, offering sterile equipment to people who inject drugs to help reduce the spread of illness. Like an emergency medical provider, the OPS would also administer oxygen or naloxone to reverse overdoses. Instead of individuals being forced to inject in unsafe and unsupervised locations, such as public restrooms or behind dumpsters, Safehouse would provide a supervised space for drug consumption and observation. This supervision ensures that individuals, who are at high risk of death if they inject alone, have immediate access to life-saving medical care, including oxygen, CPR, or naloxone, in case of an overdose. Safehouse would also offer other services to help drug users, who are often very medically vulnerable, improve their health and stabilize their lives. These services would include starting medication-assisted treatment for substance use disorder on-site, basic medical care, wound treatment, physical and mental health evaluations, and connections to social services.

Although new to the United States, more than 110 Overdose Prevention Sites already operate in at least 11 other countries, with more expected soon. For instance, Portugal recently launched its first of several planned mobile overdose prevention units. None of these existing OPS facilities have ever reported a fatal overdose inside their premises. The supervision provided at an OPS directly contributes to saving lives. For example, in 2017, a facility in Vancouver, Canada, saw 175,464 drug users, and its staff carried out 2,151 overdose interventions. Law enforcement and criminal justice leaders, acting as friends of the court, aim to maintain public safety. They believe that saving lives and improving the health of all community members is as vital to this mission as preventing and prosecuting crime. Therefore, these supporters urge the Court to deny the motion for judgment on the pleadings filed by the United States and other involved parties. They ask the Court to declare that the law (21 U.S.C. § 856) does not prohibit Safehouse from opening a facility that aims to prevent fatal drug overdoses.

Summary of Argument

People want to open a new place to help with the very serious problem of drug overdoses. This place would be called Safehouse. Like places that give out clean needles, Safehouse would give clean supplies to people who use injected drugs. This helps stop the spread of sickness. Also, like other emergency medical places, Safehouse workers would give medicine or oxygen to stop overdoses. Instead of people using drugs on the street, where it is not clean or safe, Safehouse would give them a clean, safe spot. Someone would watch them to make sure they are okay. If someone overdoses, help can be given right away, which can save lives. Safehouse would also offer other help. This includes medicine for drug problems, basic health care, and help finding other services they may need.

These types of places are new in the United States. But over 110 of them are already open in 11 other countries. Many more are planned. For example, Portugal just opened its first mobile unit to help prevent overdoses. No one has ever died from an overdose inside these places. Having someone watch over people helps save lives. In one place in Canada, many people visited. Workers there stopped over 2,000 overdoses from becoming deadly in just one year. Police and justice leaders want to keep everyone safe. Helping people stay healthy and alive is as important as stopping crime. So, these leaders ask the Court to let Safehouse open its facility. They believe the law does not stop Safehouse from trying to prevent drug overdose deaths.