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AJPH First Look, published online ahead of print Jan 2, 2008
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AJPH.2006.103747v1
98/2/231    most recent
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February 2008, Vol 98, No. 2 | American Journal of Public Health 231-237
© 2008 American Public Health Association
DOI: 10.2105/AJPH.2006.103747


GOVERNMENT, POLITICS, AND LAW

The Law (and Politics) of Safe Injection Facilities in the United States

Leo Beletsky, MPH, Corey S. Davis, JD, Evan Anderson, JD and Scott Burris, JD

Leo Beletsky and Evan Anderson are with the Beasley School of Law, Temple University, Philadelphia, Pa. Leo Beletsky is also with the Centers for Disease Control and Prevention, Beijing, China. Corey S. Davis is with the Department of Psychiatry, Center for the Study of Addiction, University of Pennsylvania, Philadelphia. Scott Burris is with Beasley School of Law, Temple University, Philadelphia, and The Center for Law and the Public’s Health at Georgetown University, Washington, DC, and Johns Hopkins University, Baltimore, Md.

Correspondence: Requests for reprints should be sent to Leo Beletsky, MPH, Temple University Beasley School of Law, 1719 N Broad St, Philadelphia, PA 19122 (e-mail: leob{at}alumni.brown.edu).

Safe injection facilities (SIFs) have shown promise in reducing harms and social costs associated with injection drug use. Favorable evaluations elsewhere have raised the issue of their implementation in the United States.

Recognizing that laws shape health interventions targeting drug users, we analyzed the legal environment for publicly authorized SIFs in the United States. Although states and some municipalities have the power to authorize SIFs under state law, federal authorities could still interfere with these facilities under the Controlled Substances Act. A state- or locally-authorized SIF could proceed free of legal uncertainty only if federal authorities explicitly authorized it or decided not to interfere.

Given legal uncertainty, and the similar experience with syringe exchange programs, we recommend a process of sustained health research, strategic advocacy, and political deliberation.







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