In the International Journal of Drug Policy, Dr. Czarina Behrends, assistant professor of population health sciences, and colleagues from the Network for Public Health Law provided the first comprehensive review of US state laws that criminalize or otherwise restrict the distribution and possession of equipment for both injecting and inhaling drugs. As the US epidemic of drug-related harm continues, this review fills a knowledge gap regarding the scope of laws that may be a barrier or facilitator for implementing evidence-based interventions to reduce drug-related harm.
The review finds substantial heterogeneity in laws that govern the distribution and possession of drug use equipment. For example, free distribution of injection equipment for illicit drug use is prohibited in 32 states, and free distribution of smoking equipment is prohibited in 37 states. The possession of injection equipment is prohibited in 30 states, and the possession of smoking equipment is prohibited in 36 states. The penalties for violating these laws vary widely, ranging from a $250 fine in New York to a felony with up to 9 years in prison in Idaho for distributing syringes in a state that prohibits it.
“This wide range of penalties highlights that these policies are not rooted in evidence of significant personal or public harm resulting from distribution or use of safer drug use equipment,” said Dr. Behrends. “Otherwise, we would have more consensus across states on the penalties and more states prohibiting these activities. In fact, the science to date has indicated that distribution of safer drug use equipment instead confers public health benefits.”
Research indicates that legal restrictions on access to safer-use equipment are not evidence-based, and a lack of access to such equipment can lead to bacterial and viral infections. Consequently, the authors recommend that states examine whether existing laws serve public health goals to reduce substance use-related morbidity and mortality and modify or remove those that do not. This would likely result in cost savings to the public and reduce preventable harm.
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