Author: for-kindness

Sean Blake, our son was 27 when he died from an accidental overdose. Sean was for kindness. Writings, poems, and posts to keep his spirit alive. We share posts to remember Sean, advocate for better treatment for mental health. We share our journey through life after his death for parents of loss.

S. 58

Click to access S-0058%20As%20Introduced.pdf

BILL AS INTRODUCED S.58
2023 Page 2 of 4
VT LEG #366653 v.1
1 It is hereby enacted by the General Assembly of the State of Vermont:
2 Sec. 1. 18 V.S.A. § 4201 is amended to read:
3 § 4201. DEFINITIONS
4 * * *
5 (45) “Fentanyl” means fentanyl or any compound, mixture, or
6 preparation including salts, isomers, or salts of isomers containing fentanyl or
7 fentanyl-related substances as defined by rule in accordance with this chapter.
8 (46) “Knowingly” means actual knowledge that one or more
9 preparations, compounds, mixtures, or substances contains the regulated drug
10 identified in the applicable section of this chapter, or consciously ignoring a
11 substantial risk that one or more preparations, compounds, mixtures, or
12 substances contains the regulated drug identified in the applicable section of
13 this chapter.
14 Sec. 2. 18 V.S.A. § 4238 is amended:
15 § 4238. SECOND AND SUBSEQUENT OFFENSES
16 (a) Penalty. A Except as provided in subsection (b) of this section, a
17 person convicted of a second or subsequent offense of violating section 4228,
18 4230, 4231, 4232, 4233, 4234, 4235, 4236 or 4237 of this title, except a
19 violation of subdivision 4230(a)(1), or a comparable offense in another
20 jurisdiction of the United States, shall be subject to a term of imprisonment or
21 fined up to twice that authorized by those sections, or both.
BILL AS INTRODUCED S.58
2023 Page 3 of 4
VT LEG #366653 v.1
1 (b) Trafficking.
2 (1) A person convicted of a second or subsequent offense for trafficking
3 a regulated drug in violation of subsection 4230(c), 4231(c), 4233(c),
4 4233a(b), or 4234a(c) of this title, or a comparable offense in another
5 jurisdiction of the United States, shall be imprisoned not less than three years
6 and not more than 30 years or fined not more than $2,000,000.00, or both.
7 (2) Except as provided in subdivision (3) of this subsection, the three8 year minimum term of imprisonment required by this section shall be served
9 and may not be suspended, deferred, or served as a supervised sentence. The
10 defendant shall not be eligible for probation, parole, furlough, or any other type
11 of early release until the expiration of the three-year term of imprisonment.
12 (3) Notwithstanding subdivision (2) of this subsection, the court may
13 impose a sentence that does not include a term of imprisonment or that
14 includes a term of imprisonment of less than three years if the court makes
15 written findings on the record that such a sentence will serve the interests of
16 justice.
17 Sec. 3. 18 V.S.A. § 4250 is amended to read:
18 § 4250. SELLING OR DISPENSING A REGULATED DRUG WITH
19 DEATH RESULTING
20 (a) If the death of a person results from the selling or dispensing of a
21 regulated drug to the person in violation of this chapter, the person convicted
BILL AS INTRODUCED S.58
2023 Page 4 of 4
VT LEG #366653 v.1
1 of the violation shall be imprisoned not less than two years nor more than 20
2 years.
3 (b) This section shall apply only if the person’s use of the regulated drug is
4 the proximate cause of his or her the person’s death. The fact that a dispensed
5 or sold substance contains more than one regulated drug shall not be a defense
6 under this section if the proximate cause of death is the use of the dispensed or
7 sold substance containing more than one regulated drug. There shall be a
8 permissive inference that the proximate cause of death is the person’s use of
9 the regulated drug if the regulated drug contains fentanyl.
10 (c)(1) Except as provided in subdivision (2) of this subsection, the two-year
11 minimum term of imprisonment required by this section shall be served and
12 may not be suspended, deferred, or served as a supervised sentence. The
13 defendant shall not be eligible for probation, parole, furlough, or any other type
14 of early release until the expiration of the two-year term of imprisonment.
15 (2) Notwithstanding subdivision (1) of this subsection, the court may
16 impose a sentence that does not include a term of imprisonment or that
17 includes a term of imprisonment of less than two years if the court makes
18 written findings on the record that the sentence will serve the interests of
19 justice.
20 Sec. 4. EFFECTIVE DATE
21 This act shall take effect on July 1, 2023

Opposition to S. 58

I have recently read the draft for S.58. I am very concerned that this legislation will negatively impact those with substance use disorder and mental health challenges. I am a board-certified Addiction Medicine physician. I treat people every day in recovery from substance use. Many of my patients have in the past used substances and sometimes gave substances to others. So many faced with substance use, deal to support their own use. I have seen the devastation a person feels if someone has overdosed on a substance that was given to them. There is enough shame already, that shame and feelings of responsibility hamper efforts to maintain recovery. We don’t need to bring this to a legal punishment. We know our jails are overwhelmed and offer little to no treatment for substance use.

I understand, as well, as a parent of a child who died from overdose, the knee jerk reaction to wanting someone to be held responsible for your child’s death. This feeling is often present in parents in the early stages of grief. It is a reaction to the loss and a desire for accountability.  I know that the person who gave my son a fatal amount of fentanyl, likely suffers significant remorse. With fentanyl (as it is routinely mixed in a Magic Bullet) the concentrations in any given amount are widely disparate.

 I hate to think of the repercussions of this bill if it becomes law.

My son, Sean experienced the side of a possession law, for LSD. Surprisingly, in Vermont possession of LSD is a felony. This charge was reduced but, our son still spent time in the correctional facility along with other misdemeanor charges. He was taken off his psychiatric medications for bipolar depression and left jail in a manic state. He died about a month later.

Jail is not a therapeutic environment.

Please consider that however well-meaning the authors of this legislation, those of us with firsthand knowledge of the system, know this will only make matters worse.

Please reach out if you need further information.

Sincerely, Kimberly D. Blake MD

Overdose Prevention Sites

February 2024


February 22, 2024
Dear Legislator:
I appreciate having the opportunity to speak up in support of overdose prevention sites. In 2017 our
eldest son Sean, died of an overdose of fentanyl, at age 27. At the time of his overdose, he was at a
party celebrating his paycheck, he went to the restroom, and it wasn’t until he had been gone for about
15-20 minutes that his friends noticed that he wasn’t responsive. His friends thought he was showering,
he was due to meet us (his parents) for dinner. Sean was revived but suffered brain death. He was
removed from life support and donated his heart liver and kidneys.
Sean overdosed in downtown Burlington, 2 blocks from where a proposed overdose prevention site is
planned. He would have used a site if it was available. Our son was a sporadic user of opiates and
stimulants, he was always employed and a contributing member of society.
Sean’s substance accelerated while he was in the US Navy, beginning in 2011, he was stationed in
Groton, CT at the submarine base. This was the first time I realized he was using opiates, to cope with
the stress of military life. He use continued to worsen, eventually leading to a lifetime of use, recovery,
frequent hospitalizations and even misdemeanor charges.
I have seen how our government responded so favorably to the COVID-19 pandemic. At the time of my
our son’s death fentanyl had been widespread for over 2 years. I only wish the opiate crisis had received
half the attention that the COVID-19 pandemic has received. We are losing so many young people and
no one can recover from substance use if they die of an overdose.
I work as a physician in OBGYN and in the substance use field. In addition, I work with newly bereaved
parents with a group called Team Sharing Vermont. I’ve witnessed so much loss over the last several
years it’s hard to even quantify it in words. I organize an overdose awareness day event yearly to
commemorate those lost. I sincerely hate to think of the numbers that we have lost this past year.
The science tells us that overdose prevention sites save lives, reduce syringe and paraphernalia litter,
and connect people to treatment. I have visited such sites in Canada and found that they are clean,
clinic-like atmospheres with warmth and caring staff.
I know Vermonters are very compassionate and I hope we can expand this compassion to those who use substances.

Kimberly D. Blake MD