NJ Needle & Syringe Exchanges: Impact on Drug Paraphernalia Charges
I recently published several articles concerning the proliferation of heroin possession and related charges in NJ and note an interesting editorial in the Star Ledger on needle exchange programs. These types of programs arose almost two decades ago to combat the spread of AIDS. Public funding for syringe distribution has been a matter of controversy in the past and the escalation of the drug problem has translated into heightened use of this paraphernalia. New Jersey has been significantly lagging in this initiative and only opened these types of clinics a few years ago. But how does this tie into the New Jersey law prohibiting possession of drug paraphernalia?
The NJ Bloodborne Disease Harm Reduction Act was signed by Governor Corzine in 2006 and decriminalizes certain conduct relative to the exchange of needles. In particular, the law provides that:
[t]he possession of a hypodermic syringe or needle by a consumer who participates in, or an employee or volunteer of, a sterile syringe access program established pursuant to the bill will not constitute an offense pursuant to N.J.S.A.2C:36-1 et seq. This provision extends to a hypodermic syringe or needle that contains a residual amount of a controlled dangerous substance or controlled substance analog.
While the statute provides for relative immunity for workers in the syringe supply chain, there is no commensurate prohibition from prosecution for those who might otherwise be charged with possession of a needle for personal use. Notwithstanding, stated law enforcement commentators have indicated that enforcement of N.J.S.A. 2C:36-2 and 2C:36-6, the New Jersey Drug Paraphernalia Laws, is non-existent or extremely low in areas where a clinic has been established. Additionally, resolutions from city authorities that have clinics often indicate a policy to eliminate enforcement and arrest individuals possessing a syringe or needle by virtue of the exchange.
The honest truth is that in those NJ cities that have gone as far as to start a clinic, the incentive to police the related surroundings for paraphernalia is low. These are communities where there is a high incident of heroin use and where it is fundamentally more beneficial to control low end users and the IV transmission of disease rather than to make these types of arrests. My thought is that law enforcement shall have little visibility in these areas. Indeed, why spend community money to provide such a facility if you are only going to arrest people who come thereby eliminating the demand for the syringes.
