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The limited supply of sterile injection equipment is the result of a conscious policy choice by government as part of its drug policy strategy. Several interrelated legislative and regulatory provisions have the effect of systematically restricting the availability of syringes: state syringe prescription laws, the federal Mail Oder Drug Paraphernalia Control Act, state prescription laws, and pharmacy regulations. The importance of the Mail Order Act is its introduction of federal jurisdiction in an area traditionally reserved for the states. Because virtually all syringes pass through interstate commerce, it is likely that federal enforcement authorities would have the power to prosecute more activities relating to the exchange, and possession of syringes. Although …show more content…
In addition, legal researchers have identified considerable uncertainty in the legal status of NEPs, uncertainty that reflected not only the complexity of the relevant statutes but also the interplay of multiple statues and the practices of law enforcement and public health officials. Table 1 summarizes the state of NEP legality, covering all states with NEPs reported to the CDC in 2005, there may be unreported NEPs operating in other states, as well as NEPs operating without authority within states that authorized programs. Although explicit legal authorization appears to be a positive factor, even laws that purport to authorize NEPs may come with stipulations such as one-for-one exchange or numerical limits on how many syringes can be exchanged reduces the effectiveness of the

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