Press Release: Legislation Clarifying Law on Syringe Possession Heads to Gov. Paterson

Voices of Community Advocates and Leaders (VOCAL) | Drug Policy Alliance For Immediate Release: June 29, 2010 Contact: Sean Barry at (646) 373-3344 or Gabriel Sayegh at (646) 335-2264 Life-saving Legislation to Increase Access to Effective Public Health Programs Passes Legislature with Bi-partisan Support Bill Clarifies Confusion, States Clearly that People can Possess Syringes; New Law Should End Harassment by Police, Save Lives by Ensuring Clean Syringe Access and Safe Disposal Advocates Applaud Legislature, Await Governor Paterson’s Signature ALBANY -- Today, the New York State Legislature passed legislation clarifying conflict between the Penal Law and the Public Health Law. Senate Bill 5620-A (Duane) and it’s companion, Assembly Bill 8396-A (Gottfried) builds on 20 years of New York’s commitment to innovative and effective programs that have dramatically reduced the rates of HIV/AIDS and Viral Hepatitis transmission rates among people who inject drugs and their families. New York’s Public Health Law allows people that participate in Syringe Exchange Programs (SEP) and the Expanded Syringe Access Program (ESAP) – a law passed in 2000 that allowed for syringe sales for those over 18 at pharmacies without a prescription -- to possess clean syringes. However, the provision that allows for participants to possess syringes was never put into the Penal Code, which resulted in police harassment of participants, leading to a chilling effect that decreased access to clean syringes and prevented proper disposal of used ones. Since the police carry the Penal Law, and not the Public Health law, they often did not know that possession of syringes in New York was entirely legal. Thus cops would often arrest program participants, leading to a chilling effect around a syringe exchange and reducing participation. The evidence on syringe exchange programs is clear: In New York City, syringe exchange programs (SEPs) have expanded access to clean syringes, leading to a dramatic health benefits: HIV/AIDS transmissions amongst intravenous drug users dropped by 75% between 1990 and 2001. Along with access to clean syringes and safe disposal of used ones, exchanges offer HIV/AIDS and Hepatitis C testing, condoms, counseling, and referrals to drug treatment. The clarification of the law—bringing the Penal Law into accordance with the Public Health law – will lead to increased access of these life-saving programs. Hiawatha Collins, a Leader of VOCAL NY-Users Union, a membership-led union of current and former drug users who create and advocate for policies that directly impact them, knows first hand how the police harassment has decreased access to clean syringes and proper disposal of used ones. “I want to thank Assemblymember Gottfried, Senator Duane and Governor Paterson for their leadership in passing this legislation,” Collins said. “They proved their commitment to under-served and diverse communities throughout New York City and State, and relied on the clear evidence that these programs save lives and enhance the health and safety of all New Yorkers. They looked into their hearts and chose to make a commitment to saving lives.” Governor Paterson submitted the same program bill last year that would place the Public Health Law language that allowed for syringe possession into the Penal Code, permit program participants to possess syringes for proper disposal, and create oversight by the Department of Criminal Justice Services to ensure that participants stop getting harassed. The bill passed the Assembly last year and was scheduled for a Senate vote before it was stalled by Senate coup last June. Last week, the Senate passed the legislation with strong bi-partisan support. The Governor’s signature is expected shortly. “This legislation is good for communities, good for cops, and good for New York,” said Evan Goldstein, policy associate at the Drug Policy Alliance. “By clarifying the law on syringe possession, there will be less confusion by cops and communities alike about accessing syringe exchanges, which save New Yorkers tens millions of dollars in health care costs each year while increasing the health of communities. We thank Assemblyman Gottfried, Senator Duane, and Governor Paterson for their leadership on this issue, and we thank the Legislature for their continued effort to address drugs as an issue of public health and safety.”