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Enforcement Keeps Texas Needle Exchange Program Closed
July 24, 2008

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News Summary

A pilot needle exchange program in Bexar County, Texas, has not been able to operate since last year because of legal advisories issued by local and state prosecutors, and a case against three individuals who formerly distributed needles to addicts in San Antonio is not expected to be resolved until next year, the Associated Press reported July 22.

State legislators last year authorized Bexar County to launch the pilot needle exchange program, but District Attorney Susan Reed said last August that anyone possessing a needle could be prosecuted under the law. State Attorney General Greg Abbott has upheld Reed's view, saying the law does not specifically exempt addicts participating in needle exchange from prosecution.

These opinions have placed in question the Legislature's plan to consider a statewide needle exchange program in the 2009 session, said State Rep. Ruth Jones McClendon of San Antonio.

The dispute reflects longstanding policy differences over needle exchange programs, even among federal agencies. While the acting director of the Centers for Disease Control and Prevention's HIV/AIDS prevention division says research has shown that the programs decrease HIV transmission without increasing illegal drug use, the chief scientist at the White House Office of National Drug Control Policy said recent research does not demonstrate a productive effect on addicts' behavior.

Separately from the authorized pilot program in San Antonio, 73-year-old Bill Day and two associates had been distributing clean syringes to opiate addicts in the city. Yet that activity ceased after Day, who has AIDS, was cited by police in January. The cases against Day and the associates have been placed on hold until the Legislature convenes next year, Reed confirmed. 

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