Pubdate: Thu, 17 Jun 2004 Source: Courier-Post (NJ) Copyright: 2004 Courier-Post Contact: http://www.courierpostonline.com/ Details: http://www.mapinc.org/media/826 Author: Luis Puga, Courier-Post Staff Cited: Prevention Point Philadelphia http://www.critpath.org/ppp/ Bookmark: http://www.mapinc.org/find?137 (Needle Exchange) NEEDLE EXCHANGE FACES UPHILL FIGHT IN CAMDEN Chief Operating Officer Opposes Program As advocates applauded Atlantic City's city council vote to create the state's first needle exchange program Wednesday, supporters of a similar program here will have to overcome the opposition of Randy Primas, the city's chief operating officer. Primas, who has the authority under the Municipal Recovery Act to veto city council actions, said he would have to abide by the state attorney general's opinion that needle exchange programs are illegal. Council has tabled an ordinance creating a needle exchange program until an ad hoc committee, scheduled to meet June 22, makes a recommendation. The question for the municipality is the legality of it, he said. "I would have to take direction from the state attorney general," Primas said. Primas added, "I do believe in stemming the health outcomes and I am concerned about how costly (HIV and hepatitis) is to society as a whole, but first it has to pass legal muster." Councilman Ali Sloan El, who introduced the ordinance, said he welcomes any legal challenge. "We welcome him not defending us against the health crisis in Camden city," he said. "What happens now when we don't have needle exchange? Needles are where? Everywhere. Is Randy dealing with that? No." The attorney general's position is also supported by the Camden County Prosecutor's Office, according to spokesman Bill Shralow. "Our role is to interpret and enforce the law," he said. "We have an interpretation from the Attorney General's Office that needle exchange violates the criminal code. And we concur with that interpretation." Shralow said if a judge decrees otherwise, his office would abide by that. And Roseanne Scotti, director Drug Policy Alliance of New Jersey, said she believes there is no question that needle exchange is legal. She noted a 1999 amendment to state paraphernalia laws that says government entities can operate needle exchanges. The only prohibition may be against clients, since individuals are barred from carrying needles without a prescription. Scotti noted Pennsylvania has that law too, but Prevention Point, a Philadelphia based needle exchange program, operates legally because police simply don't enforce it. Frank Fulbrook, a local activist who attended Atlantic City's council meeting, said members voted in favor of needle exchange, with one opposed and one abstention. He said supporters are anticipating a legal challenge to that vote from the Atlantic County Prosecutor's Office. "There is a contradiction in the current New Jersey syringe laws," he said. "Our position is that government sponsored needle exchange programs are legal now." The alliance also announced new polling data that suggests there is popular support for needle exchange among residents. The group commissioned a poll of 600 likely voters in New Jersey, which was conducted by the Polling Company, a Washington D.C. based firm. The poll was conducted from Nov. 29 to Dec. 2, and has a 3.6 percent margin of error. According to the poll, 56 percent of the people polled support needle exchange programs. Also, 60 percent view drug use as a public health issue as opposed to 28 percent that view it as a law enforcement problem. And, 79 percent think drug users need treatment as opposed to 10 percent that feel they need punishment. Also, 49 percent said they would vote for a candidate who supported needle exchange if they had no other information. Twenty percent said it would make no difference. Scotti said, "There's overwhelming evidence and research. There are seven, major government funded studies that found that needle exchange programs reduce HIV infection and do not increase drug use. We always say people can recover from drug addition. There is no cure for AIDS." For now, Gov. James McGreevey has said he believes needle exchange should be done by hospitals. "(The governor) believes municipalities have enough to worry about with keeping the streets paved and the garbage clean up," said Micah Rasmussen, McGreevey's spokesperson. Scotti said only three hospital programs were ever created in the country. "And, all of them either closed or moved to a community based program," she said. "It just doesn't work in hospitals." She said cities like Camden are better equipped to handle needle exchange through their HIV outreach programs. "That is not to say that the results can't be different here," Rasmussen said. "It's not to say the results shouldn't be different." - --- MAP posted-by: Richard Lake