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Tea Time
06-19-2008, 12:31 PM
This is just absolute BULLSHIT!!! :mad: It makes absolutely no sense whatsoever. Texas is the *ONLY* state that does not allow any legal form of needle-exchange program. Last year, the legislation stalled a bill that would allow needle-exchange in cities across the state. Fortunately, a Senator attached legislation to allow a pilot needle-exchange program in BexarCounty (where San Antonio is located) as a rider to a major state medicaid bill - allowing it to be successfully passed.

However, the State Attorney General has now ruled that participants of this pilot needle-exchange program can be prosecuted for possession of drug paraphernalia if they are found to be in possession of syringes obtained from the pilot needle-exchange program or distributing syringes as part of the pilot needle-exchange program.

In fact, the local police and district attorney are already planning to prosecute three people who were observed distributing clean syringes as part of the needle-exchange program. If they are convicted, they could potentially spend up to one year in jail!

It is just infuriating that they are trying to circumvent this legislation and prosecute people on technicalities because they don't agree with the concept of a needle-exchange program. :mad:
I guess we'll see what happens with this case...


KXAN Austin News - State Attorney General Gives OK To Prosecute Needle-Exchange Program Participants (http://www.kxan.com/Global/story.asp?s=8275371)


State Attorney General Gives OK To Prosecute Needle-Exchange Program Participants

Posted: May 5, 2008 09:47 PM CDT

San Antonio, Texas (AP) -- People who possess drug paraphernalia as part of a needle-exchange program can and will be prosecuted, the Texas Attorney General's Office said Monday, clearing the way for a case involving three activists who passed out clean syringes to move forward.

The office released the opinion in response to a request from state Sen. Jeff Wentworth, R-San Antonio, who asked whether participants in a pilot needle-exchange program authorized in BexarCounty would be subject to criminal prosecution.

"Participants in the program may, in the discretion of the prosecutor, be prosecuted under the Texas Controlled Substances Act," read the opinion signed by Attorney General Greg Abbott.

Wentworth said he was disappointed in the opinion and that it was not the Legislature's intent for participants to be prosecuted.

"We're not in the business of passing bills that if people follow them they would be charged with a crime," Wentworth said.

He said the Legislature would have to clear up the problem during its next session.

The opinion also noted that a needle-exchange program is an optional part of the disease-prevention pilot program authorized in BexarCounty by the Legislature in May 2007.

"If, however, Bexar County elects to include such a needle- and syringe-exchange program as part of this overall disease-prevention program, the participants in that program appear to be subject to prosecution - because the Legislature did not exempt them from such prosecution," the opinion said.

Texas is the only state that doesn't allow syringe exchange programs, which are meant to curb the spread of diseases like hepatitis and HIV among intravenous drug users.

Bexar County District Attorney Susan Reed had warned local officials that the legislation doesn't shield participants from drug paraphernalia laws.

The opinion comes months after police said in January that they would seek drug paraphernalia charges against three activists who were handing out clean syringes in San Antonio.

The members of the nonprofit group Bexar Area Harm Reduction Coalition were cited in January when a police officer saw them parked at a corner "with several known prostitutes and drug addicts next to the vehicle." The defendants are Bill Day, a co-founder of the nonprofit group, and two board members, Mary Casey and Melissa Lujan.

Cliff Herberg, first assistant district attorney for BexarCounty, said the case against the three, who could get up to a year in jail, will now move forward.

Herberg said Reed's office was waiting for the opinion, even though he said that because they were part of the nonprofit Day, Casey and Lujan "were never covered by this legislation anyway."

"Obviously if they change the law to allow this we will follow the law," Herberg said. "That's what this has always been about. We enforce the law as written."

Wentworth said his request for an opinion was due to Reed's warnings, not the case involving the nonprofit group.

Neel Lane, an attorney with Akin Gump Strauss Hauer & Feld, which is representing the coalition for free, said the opinion "reached an absurd conclusion ... that the Legislature somehow may have intended to criminalize the conduct of the people who carried out the program."

Lane said Reed "has discretion not to charge these people" and that his clients will take their case to a jury if necessary.

Copyright 2008 by The Associated Press. All Rights Reserved.


Here is another link to an article in the Austin American Statesman Newspaper regarding this issue:

Austin American Statesman - Pilot Needle-Exchange Program Hits Roadblock (http://www.statesman.com/news/content/region/legislature/stories/05/06/0506needle2.html)


Here is another link that shows the type of bullshit that they used to kill the state-wide needle-exchange program a year ago:

The Austin Chronicle - Needle-Exchange Bill Barely Hanging On (http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A477961)

wafflehead77
06-19-2008, 12:40 PM
Thats Texas for you. There are 2 states in this country that my tour friends and I refuse to drive through: 1) Tejas 2) Oklahoma.

"If your ever in Oklahoma, you better move around the law"

Any bluegrass fans?

Anyway, I have never understood how legislators can see needle-exchange as a threat. The benefits greatly outweigh the negative aspects (of which there are very few), yet it is still condemned.

HistoryofMadness
06-19-2008, 01:35 PM
i actually think its a good thing. a court case would at least open the door to a discussion, and hopefully some outside influences. if the needle exchange folks are worth their salt, they'll use this as a political forum to bring much-needed attention to the issue.

if Texas is really the only state that doesn't allow for this sort of thing (i don't have the gumption to investigate this right now, so a good source would be nice) then rather than spend time in jail, these folks may be able to take the initiative.

this is a good opportunity for anyone out there that bitches about prohibition to actually get involved (ahem! hint hint!).

or hey, this could be a 'cause' that us junkies could ALL get behind. information campaigns are my specialty but i'm not going to budge unless there are others interested in at least moving a finger for the cause.

why do i think most people are more likely to bitch than actually do something? hmm...

nick
06-19-2008, 01:42 PM
Texas.....what do you expect.

Oh,I'm not sure about Georgia,they might still not have works exchange.

D-BoyJake
06-19-2008, 03:44 PM
Texas likes to do things this way.

Many years back, the people voted successfully for a concealed weapon carry law to be passed. All one had to do is take a class, then send in an application (with $200), and as long as they weren't a felon, they could legally carry a concealed handgun.

However.

Many of the legislatures at the time were totally against this law. So they simply made it illegal to UN-conceal your handgun. Basically, perfectly legal to carry one as long as nobody can see it. But if somebody DOES see it, it's a felony.

Even if you pull your gun and shoot someone in a completely PERFECT description of self defense, you will still be arrested, and your case will still be sent to the grand jury to see whether they want to indite you. (Likely they won't, but the case will still be presented).

This REALLY sucks if you're in certain situations. You can't carry a concealed weapon into a bar. (An establishment who makes more than 60% of it's profits on alcohol. Restaurants don't count). So you go to a bar with your buddy, and you're carrying, and you know not to take it into the bar, so you remove it from wherever you concealed it to lock it in your glove compartment. If a cop were to see you do that, you would be arrested, licensed or not. Because you un-concealed it.

Retarded.

rockbottom
06-19-2008, 05:36 PM
shit as far as i'm concerned its the same thing as allowing a bar on every corner then arresting u for public intoxication. i got busted once for walking home (2 blocks) from a bar just bcause i had long hair-this was in Illinois--also got busted trying to score in Denver I said to an undercover "hey man got a dime" arrested for criminal" attempt "to posses a controlled substance, to wit cocaine, they dropped all charges because no money or drugs exchanged hands theres all kind of fucked up catch22 laws. i could tell at least 4 more good stories about " american justice" but you get the point. so do what thou wilt- just don't get caught is my motto:)

Tea Time
06-19-2008, 09:33 PM
or hey, this could be a 'cause' that us junkies could ALL get behind. information campaigns are my specialty but i'm not going to budge unless there are others interested in at least moving a finger for the cause.

Hey sounds good to me. We participated in letter writing campaigns a year ago to state representatives and state senators to express support for the initial bill. If people are really interested, I can get the addresses and pertinent information so we can get the ball rolling.

HistoryofMadness
06-20-2008, 12:50 AM
Hey sounds good to me. We participated in letter writing campaigns a year ago to state representatives and state senators to express support for the initial bill. If people are really interested, I can get the addresses and pertinent information so we can get the ball rolling.

i am interested. and for the most lazy among us, i can write one of those form letters where you just put your name at the bottom of the email and shoot it across the internet.

Groggy
07-14-2008, 02:43 AM
[quote=wafflehead77;274204]Thats Texas for you. There are 2 states in this country that my tour friends and I refuse to drive through: 1) Tejas 2) Oklahoma.

hey waffle don't forget the state of Misery

least we alwzys avoided MO on a run