SAPs should be aware of policies around syringe access from pharmacies, and any related laws that may impact the SAP and its participants. The following resources are available to find out more about specific regulations in your area: 1) Your local health department 2) Harm Reduction Coalition (HRC) 3) Temple University’s Project on Harm Reduction in the Health Care System 4) American Civil Liberties Union (ACLU) Appendix A provides links to additional resources that point to background on the legal basis for syringe access in the United States, while Appendix C details specific strategies for legal justification of SAPs that have been successful.Also, if at all possible, it can be helpful to build relationships with some good, local criminal lawyers who support syringe access and with whom you can consult as needed. All staff at the SAP must be trained and wellversed in legal issues related to the SAP. It is important for all staff to understand the legal rights of SAP participants as well as the overarching authorization or legal justification for the SAP to operate. In addition, any legal documents – such as waivers or authorizations – should be easily accessible to all staff in case of incidents with law enforcement. Staff and peers should receive proper SAP identification, indicating their affiliation with the program.
Drug users can still be arrested for possessing hypodermic needles and syringes (clean or used), even if they can be legally purchased over-the-counter without a prescription or obtained legally from SAPs. Despite laws, regulations and legal precedents that protect SAP participants from prosecution for syringes obtained or being returned to SAPs, arrests or additional charges (paraphernalia or drug possession for residue in syringes or cookers) are not uncommon. It is always important to distinguish between the law of the land and the law as it plays in the street. That is to say – sometimes law enforcement make arrests, despite protections under the criminal or public health code – creating very real consequences for drug users.
Regardless of the kind of protection offered under the law for SAP operation, it is crucial to engage with local law enforcement early in order to minimize any potential problems or confusion. Particularly in cases when there are recent changes to penal codes, law enforcement may not understand the protections for SAPs and their participants. In addition, given the vulnerability of drug users when it comes to law enforcement, it is the responsibility of the SAP to ensure that participants understand how they are protected, and any ways in which they may not be protected from prosecution. Module 4 will discuss negotiations with law enforcement in greater detail, however the more education and outreach that can be done to local law enforcement early on – including an outline of the legal authorization for your program as well as benefits of the SAP to officer and public safety – the better.
C H O O S ING A SIT E OR SIT ES Site Location Choosing site location for conducting syringe access services – be it fixed, mobile or outreach sites – can be among the most important factors in the success of the program. Site location can inform whether IDUs will visit the site, how comfortable they feel once they get there, and, in some cases, the level of community resistance the SAP may face. An SAP can have wonderful services and excellent staff; however, without IDUs it will not function. An inconvenient location, or one that is perceived as threatening in any way (ex. near a police station), could easily deter IDUs from visiting the program – even when they are interested in taking care of their health and using sterile injection equipment. -21-
