MORGANTOWN, W.Va. — The leader of one of the parties involved in the challenge over the statewide needle exchange law says the statute presents a danger to organizations offering harm reduction programs as well as communities.
U.S. District Judge Robert Chambers issued a temporary restraining order last week to stop the law from taking effect on July 9. The statute requires syringe exchange programs to be licensed, and participants would need an identification card to receive syringes. Health organizations would also have to offer alternative services such as prevention education. Health organizations that violate the law could face fines of up to $10,000.
The American Civil Liberties Union’s West Virginia chapter filed a lawsuit on behalf of Milan Puskar Health Right in Morgantown and three other plaintiffs.
Laura Jones, the executive director of Milan Puskar Health Right, told MetroNews affiliate WAJR-AM many provisions would deter people from using harm reduction programs. She noted the identification requirement could create a fear of being arrested or prosecuted, in which some people will rely on using used syringes.
“They need to have the ability to be anonymous, and that’s one thing the law takes away,” she said.
Jones said people who inject drugs do not use the same number of needles and deal with different experiences from other individuals. She noted a concern with the one-to-one exchange, saying people may not return an equal number of needles they took.
“If they need 30 syringes, then they have to bring back 30 syringes,” she said. ” It makes sense if you think about it, but in practice — the way people use drugs — it is not a good practice.”
A preliminary injunction hearing is set to be held Thursday.