A New Jersey appeals court has ruled that Atlantic City cannot begin a needle-exchange program for users of heroin and other drugs.
The court agreed with a judge's ruling that a state law banning the possession and distribution of drug paraphernalia applies to municipalities as well as non-profit groups.
A number of studies have shown that exchange programs help cut the spread of AIDS and other diseases spread by contaminated needles. Advocates also argue that the exchanges, by bringing drug users in contact with the medical system are more likely to get help.
The appeals panel acknowledged the arguments in favor of the programs. But the judges said that only the Legislature has the power to change the law.
"Atlantic City is not exempt from the Code provisions ... simply because they adopted a needle exchange for beneficent reasons," the opinion said.
When it adopted the needle exchange program, the Atlantic City Council said that the city faced a public health crisis because of AIDS and that 60 percent of AIDS infections came from the sharing of needles by drug users.
© Copyright 2005 by United Press International
