Discussion: Legal Issues and Drug Paraphernalia

Lane Porter

Lane Porter commented on a number of major points brought out in the presentations. First, he observed, drug paraphernalia and needle prescription laws are often confused with one another, and it is important to understand the specific elements of each and how they can affect needle exchange programs. Second, in considering changes in drug paraphernalia laws, one must be clear about the objective being sought. There may well be some question as to whether such laws should be repealed or whether some modification of them is needed. Third, the presentation on the change in Connecticut's drug laws suggests that, once legal restrictions on the nonprescription purchase and possession of needles are removed, pharmacies will sell nonprescription needles to drug injectors. Fourth, the presentations on Connecticut and Canada point to the opportunities for pharmacists and other outlets to undertake other activities besides the selling of needles, for example, counseling, education, and providing a bridge to other social services.

During much of the workshop, Porter observed, there has been considerable discussion about the conflict between drug control strategies and efforts at harmonizing drug control and public health objectives. He said that consideration should be given to how the legal community can work with program planners in fashioning or enabling needle exchange programs that will be effective, well managed, and lawfully operated. In places in which needle exchange programs and pharmacy sale of needles are legal, it is important to consider experience in regard to the arrest of persons who supply needles on the grounds of aiding and abetting criminal activity. In New South Wales, for example, individuals must be affirmatively authorized to work in needle exchange programs, and such authorized persons are expressly exempt from the aiding and abetting provisions of the law.

Porter observed that zoning laws may also have an impact on the potential for needle exchange programs. The zoning requirements of local jurisdictions will definitely affect whether certain types of outlets will be permitted in a community. Finally, accreditation and licensing bodies also have a role to play. For example, he said, they should be considered in any establishment of training requirements for personnel involved in the distribution or sale of needles.