NH mom hopes lawmakers approve law to commit drug addicts for treatment

PELHAM, N.H. — A mother wants a law in New Hampshire that would allow parents and courts to commit drug addicts into treatment.

Sheryl Mercier lost her 18 year old son, John "Bubba" Carter in July after he overdosed on a combination of fentanyl and cocaine. Just two weeks before, she had called Pelham, New Hampshire Police to involuntarily commit him under state law that he was a danger to himself.

“I remember thinking- I thought I had more time. I thought we still had a fight.” said Mercier “And they came over and said, there's nothing we can do.”

As a Lowell police officer, part of Mercier’s job is to help addicts get clean, something she says she wasn't able to do for her own son.

“(The police said) he's not mentally unstable. Well, drugs makes you mentally unstable as far as I'm concerned, but that law says mental illness. It says nothing about drugs or alcohol.” said Mercier

She lives less than two miles away from the Massachusetts state line. Massachusetts has “section 35”, whereas New Hampshire does not. Under “section 35”, a relative or police officer can go to court to involuntarily commit someone who is abusing drugs or alcohol. If the court agrees, that person is then sent to a treatment facility.

Massachusetts is one of three New England states to have this type of law. The others are Rhode Island and Connecticut.  New Hampshire, Vermont and Maine don’t.

“I can walk into a courtroom and section them under my job. But I couldn't come home and do it for my child.” said Mercier “I remember thinking if we could section 35 him like we do in Massachusetts. I was actually going to have one of his friends drive him to Massachusetts and have him pulled over and do it there. We never got that opportunity.”

According to the Massachusetts Department of Corrections, last year more than 2,000 people were committed under Section 35.

Sheryl and her family have now started a petition urging New Hampshire lawmakers to pass their own version of of the law.

“It's just another tool. It's not a cure all. It's another tool to help families. An addict lives in your house- your whole family is suffering. You want to help that person.”said Mercier

Attorney General Joseph Foster told us New Hampshire is taking the opioid epidemic very seriously.  They have created laws targeting drug dealers, they've added more rehab facilities, and increased access to Narcan.

"People who are addicted have a lot more places to turn than before and that helps not only the individual who is addicted but also their families." said Foster

He says it would be up to lawmakers to pass a “section 35” type law, but he’s not sure it would fly in the Granite State where the motto is “Leave Free or Die”.

“It would be a policy decision. It would impact someone's constitutional right to liberty.” said Foster

Mercier doesn’t see it that way.

"Are you kidding? Not helping someone is violating their rights" she said "When did we become a society which is not going to help save someone's life?"

In the meantime her family is now building a sober living facility in Bubba's name. 

Cox Media Group