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Discussion Starter · #1 ·
There needs to be some amendment concerning possessing hypo's with a needle exchange card. I'm all for preventing the spread of infectious diseases through needle sharing but the liberals up in the state house don't have to worry about being poked by an uncapped spike at 3am by some lying addict who 'forgot' it was there! The law should have an exception that prohibits having an uncapped needle on your person, vehicle, etc.
 

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The "Needle Exchange Cards" are only valid in communities that are part of the program, which other than Boston I can't recall which ones are participants but there are just a few. I.e., The shitbird has an exchange card from Boston but is in Natick when found to be in possession, he CAN be charged with poss. hyp. needle.
 
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RPD931 said:
The "Needle Exchange Cards" are only valid in communities that are part of the program, which other than Boston I can't recall which ones are participants but there are just a few.
Cambridge is another. What, not surprised???

RPD931 said:
I.e., The shitbird has an exchange card from Boston but is in Natick when found to be in possession, he CAN be charged with poss. hyp. needle.
Yup. However, I never charge anyone with just a needle, provided they tell me ahead of time that it's there. It's a kind-of perverse honor system, the junkies tell us the needle is there, because they know we're not going to charge them, and we don't get stuck. Win-win for everyone.
 

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Delta784 said:
Cambridge is another. What, not surprised???

Yup. However, I never charge anyone with just a needle, provided they tell me ahead of time that it's there. It's a kind-of perverse honor system, the junkies tell us the needle is there, because they know we're not going to charge them, and we don't get stuck. Win-win for everyone.
:dito:

You forgot the rest of the code. What happens to the junkie that has a needle and doesn't tell the officer about it.

Does any one know how to get hand prints off a junkies throat before he regains consciousness?
 

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House OKs needle sales
By DAVID KIBBE, Standard-Times staff writer

BOSTON -- Drug abusers would be able to buy hypodermic needles at neighborhood pharmacies without a prescription under legislation that was approved by the House following an emotional debate yesterday.
The vote, 115 to 37, easily reached the two-thirds needed to override a promised veto from Gov. Mitt Romney. It now moves onto the Senate, which has supported even more controversial needle exchange centers in the past.
Supporters said the legislation would help prevent the spread of HIV and hepatitis C through the sharing of dirty needles among drug addicts.
By allowing needle sales without a prescription from any pharmacy in the state, lawmakers hoped to find an alternative to controversial proposals for needle exchange centers, which need local approval.
Last spring, Westport selectmen approved an application by a non-profit group to open a needle exchange center, only to reverse their decision following public outrage. The only communities in the state that allow needle exchanges -- where dirty needles are swapped for clean ones -- are Boston, Cambridge, Northampton and Provincetown.
The Senate could take up the legislation before it breaks for the year tomorrow. It was filed in the Senate by Sen. Robert O'Leary, D-Barnstable, who has called it a public health issue.
Massachusetts is one of only three states in the country that make it a crime to possess needles without a prescription. The other states are Delaware and New Jersey.
Supporters said other states that have legalized needle sales and possession have not seen a jump in drug use as a result.
"This legislation will be effective in reducing the transmission of HIV and hepatitis C," said Peter Koutoujian, D-Waltham, the House chairman of the Public Health Committee. "We can no longer afford to put our communities at risk out of a misplaced fear of illicit drug use."
But opponents predicted it would encourage drug use.
"It sends a bad public policy message for this Legislature to condone the use and possession of hypodermic needles when the only reason for the use and possession of them is for illegal drug use," said Rep. Jeffrey Davis Perry, R-Sandwich.
A proposed amendment to require local approval of needle sales was defeated, 103 to 48.
Rep. Eugene O'Flaherty, D-Chelsea, House chairman of the Judiciary Committee, also supported the proposal. He said it was a difficult decision, but one he reached after talking to law enforcement officials in his community.
Under the proposed law, people who purchase needles at pharmacies also would be given educational materials about drug treatment.
"Everyone wants to help them, everyone wants to treat them, but no one wants a clinic in their backyard," O'Flaherty said. "Are we condoning illegal activity? I don't look at it like that. … It's about us playing a small role in saving lives."
The legislation is supported by Suffolk County District Attorney Daniel Conley and police departments in Boston, Cambridge and Provincetown. Supporters in law enforcement believe it would reduce the number of accidental needle sticks during searches, because offenders would no longer have a reason to lie about possessing needles.
But the proposal was strongly opposed by a number of state representatives. Perry, a former Wareham police officer, said it would hinder police investigations of drug activity. Often, offenders toss their drugs before an arrest. However, they can be prosecuted based on the drug that remains in needles seized in police searches, Perry said.
"We're taking that tool away from our police if this bill is passed and ultimately engrossed today," Perry said. "We're also denying the drug user, the person who is addicted to the substance, an opportunity for treatment. Most of the treatment that drug users get is coming from court-ordered treatment."

This story appeared on Page A1 of The Standard-Times on November 15, 2005.
 

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Discussion Starter · #8 ·
I have to respectfully disagree wit RPD931's interpretation of the needle exchange law. From what I read, nowhere does it says that they can only possess in communities that have needle exchange programs. With a valid card, they can carry 'throughout the Commonwealth.' Only a few locations have been approved as sites that can legally give out the needles and issue the cards, but once they have cards on them then they can go anywhere. I would like to be wrong on this but I don't think I am. Anyone else out there have any input on this?
 

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You're right. Card is good state-wide.

The other problem with the law is that there is no way to check the card and make sure it actually belongs to the junkie you find it on.

kokid said:
I have to respectfully disagree wit RPD931's interpretation of the needle exchange law. From what I read, nowhere does it says that they can only possess in communities that have needle exchange programs. With a valid card, they can carry 'throughout the Commonwealth.' Only a few locations have been approved as sites that can legally give out the needles and issue the cards, but once they have cards on them then they can go anywhere. I would like to be wrong on this but I don't think I am. Anyone else out there have any input on this?
 

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bluesamurai22 said:
You're right. Card is good state-wide.

The other problem with the law is that there is no way to check the card and make sure it actually belongs to the junkie you find it on.
Doesn't matter anyways.....they will soon be sold over the counter......

Jackryan
 

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We grabbed a kid with a card a few weeks ago. The ID number on the card was actually a comination of part of his DOB and his mothers first name. I don't know if they do it like that for everyone though.

bluesamurai22 said:
You're right. Card is good state-wide.

The other problem with the law is that there is no way to check the card and make sure it actually belongs to the junkie you find it on.
 

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Good to know, thanks!

NorwichAlum said:
We grabbed a kid with a card a few weeks ago. The ID number on the card was actually a comination of part of his DOB and his mothers first name. I don't know if they do it like that for everyone though.
 

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MA is one of the last states to require an RX for a Needle. It is ridiculous that this will create more drug use, etc if we just let people buy them. Plus most druggies are assclowns anyway it seems. Do they have a Bio Hazard Box to dispose of it in? The syringes used by the druggies are the same type of syringes diabetics use, so you really kinda can't as a Pharmacist ask what your using that for, its kind of a privacy issue, but that gets into Medical Privacy Law, which there are warehouses full of books on that one. If anything Needle Exhange encourages more drug use. Why can't they utilize this money to support more forms of Birth Control instead of stupid needle exchange programs? The shit they are putting in their veins is gonna kill them somehow anyway over time. But then again it is the year 2005 and we still have people getting pregnant even with the Pills, and Barrier Protection available. I mean even with out insurance some Birth Control Pills cost $30.00 in cash. But ignornance seems to be the excuse for not utilizing Birth Control. Just a view from a Med Student/Ex 911 Dispatcher.
 

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Here comes Paco walking down the street with a cigarette on one ear and a needle on the other.
 

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RPD931 said:
The "Needle Exchange Cards" are only valid in communities that are part of the program, which other than Boston I can't recall which ones are participants but there are just a few. I.e., The shitbird has an exchange card from Boston but is in Natick when found to be in possession, he CAN be charged with poss. hyp. needle.
2003 case law makes it legal to possess in any city or town in Massachusetts regardless of whether that town partakes in said program. If you have a needle exchange card from Boston and you are found in Lee Massachusetts with a needle its legal. I am not sure but I do think there is a maximum number of needles you can possess.
 
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Towns like Ptown also have the exchange and I am not sure but someone mentioned Cambridge coming to that answer. Here is the deal though. A needle with residue is still 94C illegal possession of narcotics and arrestable even in an exchange community. The state lab may or may not test though because its a needle. Carrying a needle outside the consent community is still arrestable as poss. of a hypodermic. Will the court convict, probably not, but hey, who cares, you lock 'em up not prosecute them. Ask whoever takes your drugs to the lab for the answer and ask them for some safe containers that the lab will give out for free. If not, carry an old soda bottle in the trunk and use that. There are few gloves that protect and they may cover knife or edge weapons but not needles so read carefully.
 

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Just a thought said:
Towns like Ptown also have the exchange and I am not sure but someone mentioned Cambridge coming to that answer. Here is the deal though. A needle with residue is still 94C illegal possession of narcotics and arrestable even in an exchange community. The state lab may or may not test though because its a needle. Carrying a needle outside the consent community is still arrestable as poss. of a hypodermic. Will the court convict, probably not, but hey, who cares, you lock 'em up not prosecute them. Ask whoever takes your drugs to the lab for the answer and ask them for some safe containers that the lab will give out for free. If not, carry an old soda bottle in the trunk and use that. There are few gloves that protect and they may cover knife or edge weapons but not needles so read carefully.
Carrying a needle outside the consent community is not arrestable.
Once you're a card carrying member, you can carry anywhere in the state. This was decided in the case of Comm v. Landry.
 
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