The City of Cincinnati is now one of many cities and states trying to fight the heroin epidemic through the use of the civil law system. Traditionally, the war on drugs has been fought through the use of criminal laws and regulations. Said laws and regulations often involve jail time for the user and the dealer in order to create a disincentive to engage in that type of behavior.
Today however, it seems as though the threat of prison time is not enough to deter those involved in the illegal drug market. As an alternative, Cincinnati leaders are attempting to create a disincentive of a different kind. The civil law system creates an opportunity to modify behavior through the use of monetary penalties rather than criminal penalties. For example, if an individual negligently drives a car and causes injuries to an innocent person, that person can attempt to recover monetary damages from the individual who negligently caused the injury. Thus, there is an incentive for all of us not to drive negligently.
So how can the civil law system be used to fight heroin? Today, there is strong evidence which suggests that many individuals who become addicted to heroin inadvertently start their addictions by taking legally prescribed pain medication. Once the pain medicine runs out, heroin is a cheap and available option.
Cincinnati leaders believe that major opioid drug manufacturers have misled the general public about the dangers of legally prescribed medications in the name of profits. A lawsuit which cuts into the drug companies’ bottom line may incentivize them to take greater precautions when distributing potentially addictive medications. If the public is better informed regarding the addictive nature of these substances, it may lead to less former patients looking for heroin. To read more about Cincinnati’s alternative attack on the heroin epidemic read here.
Michael J. Myers, Esq.