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On August 4, 2010, New York Gov. David Peterson signed a law that makes it legal for people participating in needle exchange programs to carry used syringes that contain residue of an illicit substance. This law has huge implications on the success of needle exchange.
I volunteer with HIPS, a local program that does outreach to sex workers and intravenous drug users(IDUs) in DC. Funded by the Department of Health, we conduct a syringe exchange program based on a harm reduction philosophy that provides IDUs with clean syringes and information on how to reduce risk of HIV and improve overall health. Syringe exchange programs have overwhelmingly proven effective to reduce the transmission of blood-borne illnesses including HIV in the IDU population. While HIPS had no problem providing access to syringes, we used to face difficulties getting used needles back from clients and disposing of used needles correctly. The main reason: a client could have been arrested for carrying around a used needle that had residue of an illicit substance. Thus, there was no incentive for a client to wait until the following weekend for us to pick up their used needles. The result: used needles were disposed of in unsafe ways, putting others at greater risk.
New York decided to take action to decriminalize the possession of used needles with residue, and thus reducing the likelihood that people will dispose of needles in unsafe ways. Assemblyman Richard Gottfried states, “Throwing an infected syringe into the gutter, out of fear of prosecution for possession of a trace of substance, is bad for public health and safety. Stopping the arrest of drug users for possessing a used needle is a common sense way to protect public health and safety”. [1] In DC, while there is no law on the books yet, according to Prevention Works! DC police will not arrest or harass individuals carrying needles with residue.
I would like to commend New York for putting public health needs above the political obsession with the drug war. If you want to find out more info about HIPS check out http://hips.org.
Smith, Phillip. "New York Governor Signs Needle Exchange Bill"
http://stopthedrugwar.org/chronicle/2010/aug/05/new_york_governor_signs_needle_e
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