New York Governor Signs Needle Exchange Bill

New York Gov. David Paterson (D) Saturday signed into law a bill, A08396A, that will protect needle exchange participants. Although needle exchanges are permitted in New York, some participants in such programs have been arrested for possession of needles and syringes, while others have been charged with drug possession for residues left in syringes. The new law is designed to address that conflict between public health law and penal law.

The law, also known as the Governor's Program Bill No. 23, will:
 

• Clarify in the Penal Law that a person does not act unlawfully by possessing a hypodermic needle or syringe if he or she participates in a needle exchange or syringe access program authorized under the Public Health Law;
• Provide that possession of a residual amount of a controlled substance on a needle or syringe does not constitute a criminal act if the individual is permitted to possess such needle or syringe under the Public Health Law; and
• Require the Division of Criminal Justice Services to periodically notify law enforcement agencies and prosecutors about the right of individuals to possess syringes under a qualifying public health program and how to verify that a person is participating in such a program.

"The success of needle exchange and syringe access programs has been repeatedly verified to be instrumental in reducing the transmission of blood-borne diseases," Gov. Paterson said. "I proposed this legislation to prevent people from being arrested unnecessarily, thus ensuring that syringe users are not deterred from participating in these important programs."

"I want to commend Governor Paterson for signing this landmark legislation," said Sen. Thomas Duane. "By signing the syringe access legislation, Governor Paterson has once again put New York at the vanguard of a good public health policy that has proven to reduce transmission of HIV and other blood-borne diseases. Furthermore, New York's Penal law now finally conforms with its rational and compassionate health policy."

"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," said Assemblyman Richard Gottfried. "Stopping the arrest of drug users for possessing a used needle is a common sense way to protect public health and safety."

"It's important that we encourage drug injectors to utilize our public health programs without fear of arrest," said State Health Commissioner Dr. Richard Daines. "Syringe exchange programs help reduce transmission of HIV and offer access to drug treatment and other services to those most in need. We encourage injectors to return all used syringes so they are not disposed of in a way that would put others at risk."

It is a good day when, in some small way, the imperatives of public health are not sacrificed on the altar of the drug war. Saturday was a good day for New York.