Pubdate: Thu, 08 Jun 2006
Source: Boston Globe (MA)
Copyright: 2006 Globe Newspaper Company
Contact:  http://www.boston.com/globe/
Details: http://www.mapinc.org/media/52
Author: Russell Nichols, Globe Staff
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/find?143 (Hepatitis)
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)
Bookmark: http://www.mapinc.org/find?137 (Needle Exchange)

SENATE OKS SYRINGE SALES

The state Senate passed a bill yesterday to legalize purchase of 
hypodermic needles over the counter, setting up a battle with 
Governor Mitt Romney, who has said he opposes the legislation.

Massachusetts would become the 48th state to legalize 
over-the-counter sales of syringes to curb the spread of blood-borne 
diseases such as HIV and hepatitis C through dirty needles shared by 
drug users. Lieutenant Governor Kerry Healey joined other Republicans 
in opposing the bill, saying it would encourage illegal drug use.

Supporters say the bill would save the state healthcare costs and lives.

New Jersey and Delaware are the only other states where 
over-the-counter sales are illegal. Currently, four Massachusetts 
cities -- Boston, Cambridge, Northampton, and Provincetown -- are 
running needle exchange centers where used needles can be returned 
for clean ones.

"This is not about enabling drug addicts," said Senator Steven A. 
Tolman. "This is unequivocally about [stopping] dreaded diseases 
through the use of intravenous drugs and dirty needles. It is 
something that I know we had to do."

The Senate passed the bill 26 to 8. It cleared the House 115 to 37 in 
November, but for procedural reasons it must clear both chambers 
again before it goes to Romney. The House expects to take it up next week.

Romney, who is considering a 2008 run for president, has denounced 
the bill, saying that there is no system for the safe disposal of 
used syringes.

"Legalizing needles is like giving matches to an arsonist," said Eric 
Fehrnstrom, the governor's spokesman. "It undermines our efforts to 
enforce the state's drug laws, and it increases the likelihood that 
dirty and contaminated needles will end up on our beaches, parks, and 
playgrounds."

Healey, the GOP nominee for governor, released a statement objecting 
to the measure.

The three Democrats running for governor issued statements yesterday 
backing the legislation. It was also backed by the independent and 
the Green-Rainbow Party candidates.

The bill would allow anyone 18 or older to purchase a syringe from a 
pharmacy without a prescription. It would also decriminalize 
possession of hypodermic needles, now a misdemeanor.

On the Senate floor, opponents and supporters pointed to letters from 
state officials and specialists regarding the hotly debated 
legislation. The bill, the opponents said, would multiply the number 
of needles left as dangerous litter in public places.

"This initiative will dramatically increase the amount of dirty 
needles present in our communities, presenting a threat to children 
who may come in contact with them," according to a letter that Public 
Safety Secretary Robert C. Haas and State Police Colonel Tom Robbins 
sent to the office of Senate President Robert E. Travaglini hours 
before the Senate vote yesterday. "We believe this legislation would 
legitimize illegal drug use throughout the state, complicating our 
efforts to enforce the laws against heroin and other injectable drugs."

The bill is backed by four district attorneys, including Martha 
Coakley of Middlesex County and Daniel F. Conley of Suffolk County.

In 2005, the state Department of Public Health provided testimony 
supporting needle sales, but a Romney spokesman said that the 
governor did not agree with the health agency's position.

The Department of Public Health has since reconsidered its stand on 
needle sales, backing instead needle-exchange centers in individual 
cities and towns.

"We were looking at it strictly from a public health perspective," 
Paul Cote, the department's commissioner, said last night. "We 
obviously wanted to avoid the consequences of sharing needles and 
blood-borne infections. But we'd like to see what happens on the 
local option before we advocate for a statewide measure."

Supporters say the bill's passage in the Senate was a big step forward.

"It's about time," said Jean McGuire, a health science professor at 
Northeastern University's Bouve College of Health Sciences. "From the 
perspective of the epidemic, this is something we should have done a 
long time ago."

Rebecca Haag, executive director of the AIDS Action Committee of 
Massachusetts, said advocates have been working for months, calling 
legislators to show them the benefits of the measure.

"This is the single most important step that our Legislature could 
take to prevent the spread of HIV and hepatitis C in the state," Haag said.

Both the House and Senate have passed the bill by the two-thirds 
majority necessary to override Romney's expected veto.

Senate minority leader Brian P. Lees of East Longmeadow, a leading 
opponent, nevertheless said the potential of upholding a veto in the 
Senate is "very high."

The governor needs 14 votes in the Senate to sustain his veto. Lees 
said that Romney has never had his veto sustained.

Although only eight senators voted against it yesterday, Lees said 
two opponents were not recorded because they paired their votes with 
colleagues who supported the bill and were not present. Another 
opponent, Republican Senator Scott P. Brown of Wrentham, missed the vote.

"This is extremely close," Lees said. He said that, with some strong 
lobbying, Romney would have a good chance to move more votes in opposition.

Frank Phillips contributed to this report.
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MAP posted-by: Beth Wehrman