Governor Allows Over-the-Counter Needle Sales

Gov. Arnold Schwarzenegger signed into law on Monday a bill allowing over-the-counter sales of hypodermic needles, while shooting down another that would have made it easier for local governments to allow the distribution of clean needles.

SB 1159, written by Sen. John Vasconcellos, D-Santa Clara, allows local governments to permit the sale of up to 10 hypodermic needles to adults anonymously and without a prescription.

The law opens the door for people who might otherwise not have access to sterile needles. Currently, needles are only given with a prescription or proven diabetic condition.

"If a needle exchange program closes at 11 p.m., a user can go to a 24-hour pharmacy and buy a syringe for 15 cents instead of sharing a dirty needle," said Redge Norton, media relations manager at the San Francisco AIDS Foundation.

The new law seeks to prevent the spread of blood-borne diseases such as AIDS and hepatitis C, which are often transmitted through contaminated hypodermic needles. Each year, needle sharing infects approximately 1,000 Californians with HIV, according to the foundation's Web site.

Local governments have until Jan. 1 of next year to approve the sales in pharmacies.

"Council members will knock each other down to approve this law," said Berkeley City Councilmember Betty Olds.

However, some experts said the new law will help, not hinder, the spread of these diseases.

"There's no supervision in this law," said Mike Kennedy, president of the California Narcotic Officers Association. "There's no way to monitor how many needles are on the street."

The new law, which requires the distribution of informational pamphlets with the sale of each needle, does not provide methods of safe disposal.

"The problem is that it's a trip to jail if you're caught with a needle," said John LaPointe, an organizer at Needle Exchange Emergency Distribution, a free program in Berkeley. "People have no incentive if disposal is a liability to their freedom."

Berkeley has supported clean-needle exchange programs like NEED for the past 15 years. State law requires the city to declare an HIV-infection state of emergency every two to three weeks to allow the distribution of needles.

AB 2781, which Schwarzenegger vetoed Monday, would have lifted the requirement.

Schwarzenegger said although he is committed to preventing the transmission of HIV and hepatitis C, public officials still need to review the status of the problem before continuing exchange programs.

But city officials are decrying the governor's decision.

Berkeley City Councilmember Kriss Worthington said continually declaring a state of emergency is a "waste of paper and time."

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