Texas Behind the Times

Originally arrested early January on drug paraphernalia misdemeanor charges for exchanging clean syringes for used ones, a 73 year old Texas man now faces jail time. Distributing clean needles is still illegal in Texas, the only state without a needle-exchange program.

According to the Dallas Morning News February 17, 2008 story,("Needle-Swap Activist Threatened With Jail") "Needle-exchange programs have been controversial. Critics claim that they encourage drug use and send a bad message about the government's war on drugs. But the programs have grown, due largely to concerns about the spread of AIDS and hepatitis C. The Centers for Disease Control and Prevention has estimated that more than a third of U.S. AIDS cases come from intravenous drug use. Though some studies have questioned needle-exchange effectiveness, most research has found that the programs reduce transmission of diseases and save money."

The article adds, "This is a moral imperative,' said Mr. Day, whose nonprofit group, the Bexar Area Harm Reduction Coalition, gets funding from his church. 'I have to keep doing what I think is right.' Neel Lane, a San Antonio lawyer who is defending Mr. Day for free, said Texas should admit it is behind the times.Though Texas is the only state that has not begun at least a pilot needle-exchange program in any city, lawmakers last year authorized one - for San Antonio. Bexar County public health officials are studying whether to launch it, but District Attorney Susan Reed has warned she could prosecute anyone who distributes needles because she considers the act illegal. Ms. Reed has not explained why she opposes the program and her office did not answer requests for comment."