Dual RLA Victories Reinforce Overdose Law Protections

Rutgers Law Associates (RLA) recently secured two legal victories for clients who were arrested for drug possession in the course of receiving medical help, strengthening the protections guaranteed under New Jersey’s Overdose Prevention Act (OPA). The OPA is intended to provide immunity from arrest for possession when an individual calls for help during an overdose or another acute condition related to drug use.

These strides were made possible thanks to a grant from Vital Strategies, which allows RLA to support one of New Jersey’s most vulnerable populations—people who use drugs. “This is impact litigation,” says Andy Rothman, professor of professional practice and RLA managing attorney. “The hope is that handling these cases will have the impact of ‘rewiring’ law enforcement and medical personnel to honor the Overdose Prevention Act, which provides immunity under these circumstances for both the user and anyone else who makes the call.”

Appeal and Remand

Most recently, RLA represented a client appealing a June 2024 decision that denied her motion to dismiss a charge of unlawful methamphetamine possession under the OPA. She had been transported to a Cape May County hospital after a friend called 911, reporting that she was suicidal and had been using drugs. When hospital staff found a small amount of methamphetamine in her wallet and turned it over to police, she was arrested.

Camden-based RLA alumnus Sam Romeo ’23 laid the groundwork for the case by drafting the original motion. Current fellow Keerah McCratic ’24 took it from there, preparing the briefs and arguing the case before the court. In a significant decision, the Appellate Division identified several flaws in the trial court’s reasoning. The panel agreed that suicidal ideation qualifies as an “acute condition” under the OPA and clarified that the law does not require a person to be intoxicated at the time of a 911 call to receive protection—an incorrect assumption made by the lower court. The Appellate Division also rejected the trial court’s conclusion that a 911 call leading to a psychiatric evaluation does not constitute a request for medical assistance and affirmed that individuals experiencing a psychiatric crisis are indeed eligible for immunity under the OPA.

On May 2, the Court reversed the possession charge and remanded the case for a new hearing to determine whether the suicide concerns that led to the 911 call were connected to the client’s drug use. The ruling not only reopens the possibility of immunity for the client under the OPA, but also expands and clarifies the law itself, marking a step toward shifting views of drug use from a matter of criminal justice and public safety to one of public health.

Immunity Achieved

This decision comes on the heels of another RLA victory, in which a client was arrested for drug possession after overdosing, despite calling for medical help.

This particular client was hospitalized in Cape May County with a serious arm condition caused by substance use, requiring immediate surgery to save her limbs. Despite disclosing her drug history and tolerance, hospital staff denied adequate pain relief post-surgery. In desperation, she asked a friend to bring heroin for her pain, resulting in an overdose in her hospital bathroom. When the overdose began, she called a nurse for help. After regaining consciousness in the intensive care unit, she was arrested for possession—an action RLA believed violated the OPA.

Former RLA fellow Caroline Licwinko ’24 sprang into action, preparing the case and initiating the motion to dismiss. When she graduated the program, McCratic took over, writing the final brief and arguing the motion in court. On April 1, the Court found in their favor.

This verdict has significant implications for the client, who is now protected from wrongful conviction and the hardships that would likely follow. However, it’s RLA’s hope that it will also send a message to law enforcement about the OPA. “Hopefully this decision will have a ripple effect,” says McCratic. “With the increase in arrests and prosecutions in Cape May County of individuals who should lawfully be protected under the OPA, any judicial decision preserving the OPA is vital.”

By taking on cases like this, Rutgers Law School stays true to its mission—equipping future lawyers with real-world experience while serving vulnerable members of the community. “I am so proud of what the RLA team has accomplished,” says Licwinko. “They’ve ventured into new legal disciplines, practiced incredible client management with a difficult-to-manage client population, pushed back on one of the state’s most notorious prosecutors, and shined a light on an area of necessary reform for the New Jersey judiciary. Even more important, RLA showed compassion for people who likely haven’t received much in their lives and given them hope.”