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Winning Syringe Access in New Jersey

Drug Policy Alliance New Jersey’s greatest victory to date is its Campaign for a Healthier New Jersey.  On December 18th, 2006, Governor Jon S. Corzine signed the “Blood-borne Pathogen Harm Reduction Act,” which allows up to six cities to establish syringe access programs to help prevent the spread of HIV/AIDS, hepatitis C and other blood-borne diseases. The passage of this legislation was the culmination of four years of extraordinary advocacy by Drug Policy Alliance New Jersey and our coalition partners in the Campaign for a Healthier New Jersey, our allies and supporters.

New Jersey faces a public health crisis due to its high rates of HIV/AIDS and hepatitis C. New Jersey has the 5th highest number of adult HIV cases, the 3rd highest number of pediatric HIV cases and highest proportion of women infected with HIV in the nation. Thirty-nine percent of these cases were caused by the sharing of contaminated syringes by injection drug users—almost twice the national average.  In addition to the terrible human toll, these preventable infections are costing New Jersey taxpayers millions of dollars.

Other states had addressed their public health crises by allowing injection drug users legal access to sterile syringes. This strategy has proven effective in reducing the spread of HIV and other blood-borne diseases, without increasing drug use or other social harms. But while states around the country took action, New Jersey refused to address this preventable tragedy.

Drug Policy Alliance New Jersey created the Campaign for a Healthier New Jersey to advocate for allowing access to sterile syringes through non-prescription pharmacy sale of syringes and the creation of syringe exchange programs. This would allow public health professionals to implement effective strategies to prevent injection-related diseases. This strategy has been repeatedly endorsed by the Governor's Advisory Council on HIV/AIDS, in addition to every major medical, scientific and professional body to study the issue.

The Campaign for a Healthier New Jersey supported legislation which allowed for the establishment of municipal syringe access programs and the non-prescription sale of syringes in pharmacies to help stop the spread of HIV, hepatitis C and other blood-borne diseases.

Drug Policy Alliance New Jersey, our coalition partners, allies and supporters fought hard to get these critically important pieces of legislation passed. We first got the bills to the Senate Health Committee in December of 2003 but the legislation stalled. We then went to the city councils in Atlantic City and Camden to ask them to pass ordinances creating syringe exchange programs under their own authority. Both councils, which had long supported syringe access, acted quickly and passed ordinances in May of 2004.

Unfortunately, the Atlantic County prosecutor, supported by the state Attorney General, challenged the validity of the Atlantic City ordinance and won a permanent court injunction to stop the implementation of the program. Unfortunately, Atlantic City lost its appeal at the appellate court level and the State Supreme Court refused to hear the case. Drug Policy Alliance provided support throughout the legal process.

While this case was going through the courts, Drug Policy Alliance New Jersey again fought to have the legislature consider the syringe access bills. This time we were successful in getting both bills passed in the New Jersey Assembly! When the bills again stalled in the Senate Health Committee, former Governor James E. McGreevey issued an executive order in October 2004 declaring a health emergency and allowing for the creation of syringe exchange programs in three cities, including Camden and Atlantic City.  The order was effective until December 31, 2005.  But again, syringe access was put on hold and lives put in danger when four legislators challenged the executive order in court and got a temporary injunction to keep the state from moving forward.  While this case was waiting to be heard by the appellate court, the executive order expired and the court dismissed the case as moot.  Again, Drug Policy Alliance New Jersey provided legal support to Atlantic City for its amicus brief in this case.

Despite this set back, Drug Policy Alliance New Jersey continued the fight, redoubling our efforts with our Campaign for a Healthier New Jersey Fall '06 Initiative.  We got new resolutions from city councils, new statements of support from the medical and public health communities and rallied our allies and supporters to ensure that the legislature considered this life-saving syringe access legislation.

Finally, on December 11th, 2006, the New Jersey General Assembly and State Senate passed Assembly Bill No. 1852/Senate Bill No. 494 which allows up to six cities to establish syringe access programs to help prevent the spread of HIV/AIDS, hepatitis C and other blood-borne diseases. On December 19th, 2006, Governor Jon S. Corzine signed this life-saving legislation. In November of 2007, Atlantic City became the first city in New Jersey to implement a legal syringe access program.  Since then, Camden, Newark and Paterson have established programs.

The Campaign for a Healthier New Jersey continues to advocate for non-prescription sale of syringes in pharmacies (New Jersey is one of only three states that require a prescription) and we and our allies will not rest until this life-saving HIV and hepatitis C prevention method becomes law. 



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