Max’s Law Goes to the Capitol

By Nikki Tierney, JD, LPC, LCADC, CPRS
NCAAR Policy Analyst
July 2025

Prevention is better than cure.” — Desiderius Erasmus


NCAAR’s Policy Analyst recently collaborated with Patrice Lenowitz and testified before the Senate Education Committee on May 12, 2025, in support of S2818 (companion bill A3909) also known as “Max’s Law.” This bill would mandate New Jersey school districts to incorporate education on the dangers of fentanyl and xylazine (and other new and emerging drugs) into their health and physical education curriculum.  The bill is named in memory of Max Lenowitz of Woodcliff Lake, New Jersey, who tragically passed away after unknowingly ingesting a counterfeit pill he believed to be Xanax on his 25th birthday.  In the wake of this devastating loss, Max’s mother, Patrice, has championed this legislation, aiming to raise awareness and prevent similar tragedies by educating students about the risks of fentanyl and other emerging drugs.  These bills have broad bipartisan support underscoring the importance and urgency of making this law an integrated practice. Unfortunately, the New Jersey Legislature is on break, likely until after the November election, meaning that this critical legislation may not be revisited until the lame duck session.

New Jersey’s Max’s Law is part of a broader national movement inspired by families who have suffered profound losses. Jon Epstein and his wife in Oregon have been tireless advocates for similar legislation, named after their son Cal, who died tragically after taking a counterfeit pill purchased via social media while home from college. They championed the “Fake and Fatal” curriculum in the Beaverton School District, later becoming the model for Oregon’s 2023 statewide law mandating fentanyl education in all middle and high schools. Early rollout for the 2024–25 school year has included required grade level lessons on synthetic opioids, accompanied by professional development for teachers and community outreach events. Similarly, Maryland’s “Start Talking Marylandrequires schools to provide education about heroin and opioids from third grade and mandates naloxone, an overdose reversal drug, in schools. These examples show New Jersey is joining a broader, successful coalition. These family-led initiatives show how personal tragedy fuels community action, transforming grief into prevention and hope.

Further bolstering this movement is Song for Charlie, a nonprofit founded by the family of Charlie Ternan, who died in 2020 after taking a counterfeit pill. With a digital-first approach, their “Smart Choices” curriculum and youth-facing social media campaigns have been adopted by school districts and align directly with the goals of Max’s Law. Research supports the power of primary prevention, educating youth before they are exposed to drugs, to reduce the risk of substance use and overdose. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), comprehensive school-based prevention programs can significantly delay initiation of substance use, reduce risky behaviors, and improve long-term outcomes.1 Early education about fentanyl and other emerging drugs is critical to equip young people with the knowledge and skills to make safer choices in a rapidly evolving drug landscape.

Tragically, for the first time in over 50 years, the average life expectancy for adolescents and young adults in the U.S. has declined, largely driven by drug overdoses and gun violence.2 Synthetic opioids like fentanyl have fueled a surge in drug-related deaths among young people, often through counterfeit pills sold via social media and illicit sources. This disturbing trend highlights a failure to protect youth and underscores the urgent need for prevention efforts that start early.

Despite a decline in overall substance use among youth, including opioids, there was a 121% increase in adolescent overdose deaths from 2010 to 2021, largely driven by the growing presence of fentanyl analogues, xylazine, and other highly potent substances.3 This sharp rise in fatalities reflects the increasingly dangerous and unpredictable drug supply. While New Jersey has made strides in harm reduction and adopting a public health response, these efforts must be complemented by robust primary prevention strategies, especially those rooted in school-based education and support.

Primary prevention efforts and curricula need to remain flexible and responsive, yet S2818/A3909 is limited in its scope. The official title of the legislation, the “Fentanyl and Xylazine Poisoning Awareness Act,” reflects its narrowed focus. The bill requires the Commissioners of Education and Health and local school boards to include information in their annual reports on the effectiveness of prevention efforts related to fentanyl, xylazine, and “similar drugs among youth;” however, NCAAR remains concerned this approach may be insufficient to ensure curriculum is relevant and timely. Waiting a year or more to address newly detected substances like medetomidine, a powerful xylazine analog now entering the illicit supply, will result in less effective prevention efforts.

For example, the New Jersey Poison Control Center has confirmed eight patients since November 11, 2024, statewide, who used heroin and presented with clinical signs consistent with medetomidine exposure, such as bradycardia, sedation, and respiratory depression.4 Similarly, the Center for Addiction Medicine and Policy reported that medetomidine was found in 72% of illicit opioid samples by Philadelphia street drug checking programs in the fourth quarter of 2024. During the same time frame, detection of xylazine decreased from 98% to just 31% of samples.5 These shifting patterns highlight the urgent need for a more proactive and adaptable legislative framework, one that can keep pace with the rapid evolution of the illicit drug market.

From left to right: Patrice Lenowitz, Senator Schepisi, Nikki Tierney at the State House in Trenton

From left to right: Miles Epstein, Jon Epstein, Jennifer Epstein, Cal Epstein/Photo courtesy of Jon Epstein for OPB/See Cal’s Story on YouTube

Charlie Ternan/Photo Courtesy of Song for Charlie.

In recent years, treatment providers have increasingly recognized the critical role of peers in supporting individuals with substance use disorders. Similarly, meaningful family involvement is a key, yet often underutilized, component of effective and comprehensive care. Numerous studies have shown that individuals with substance use disorders experience significantly better engagement and retention in treatment when they have strong family support. By broadening our prevention and treatment strategies to include not only peers but also families, we can create a more comprehensive and sustainable response.

In the great efforts to save lives during the overdose crisis, the profound impact on the lives of family members is often overlooked. For each precious life lost, there are countless others that life touched who are left to grieve its loss. Due to the persistent stigma associated with substance use, many are left to manage a loved one’s substance use without the support and education they need. At NCARR, we understand that families affected by drug-related tragedies bring essential perspectives to prevention and policy work as well as collective healing. Our collaboration with families like Patrice Lenowitz and Jon Epstein underscores the importance of the lived experience of family members in shaping effective, informed, and compassionate responses to the overdose crisis.


  1. []Substance Abuse and Mental Health Services Administration. (2022). Evidence-based school-based prevention programs. https://www.samhsa.gov/sites/default/files/school-based-prevention-programs.pdf
  2. []Centers for Disease Control and Prevention. (2023). Drug overdose deaths in the United States, 2023. https://www.cdc.gov/overdose-prevention/?CDC_AAref_Val=https://www.cdc.gov/drugoverdose/data/statedeaths.html
  3. []Calihan, J. B., Carney, B. L., Schmill, D. M., & Bagley, S. M. (2024). The call for a school-based approach to opioid overdose prevention. American Journal of Public Health. Advance online publication. https://doi.org/10.2105/AJPH.2024.307849
  4. []New Jersey Department of Health. (2024, November 25). Increase in suspected medetomidine exposure in New Jersey (Message No. 112267-11-25-2024-PHAL). https://phm.njlincs.net/Message/GetMessageContent?messageId=112610
  5. []Penn CAMP. (2024, November 25). Medetomidine: An emerging drug adulterant in Philadelphia’s illicit drug supply. https://penncamp.org/medetomidine/