Pascal C B
Alcohol, Drug Abuse, and Mental Health Administration, Department of Health and Human Services, Rockville, MD 20857.
NIDA Res Monogr. 1988;80:119-36.
This paper has surveyed the laws restricting the use of hypodermic needles and syringes for injection of illegal drugs. It has reviewed the constitutional basis for these laws and concluded that they are on sound footing. There is a new Federal law regulating needles and syringes in interstate commerce, but it is too early to tell how expansively it will be implemented. A large majority of States have drug paraphernalia laws that govern needles and syringes, and a smaller number have laws that require prescriptions for the sale and possession of needles and syringes. Some local jurisdictions also have laws, but these were not specifically reviewed. Altogether, a breadth of relevant laws govern the manufacture, sale, use or possession, advertisement, and interstate commerce of needles and syringes intended for use with illegal drugs. Any attempt by scientists or public health officials to accurately study the effect of these legal restrictions on the HIV infection rates in differing jurisdictions must comprehensively consider the applicable laws. Likewise, attempts at legislative change must also identify each law that would apply. Prosecutorial discretion has been discussed as it relates to the decision not to prosecute offenses involving the illegal use of needles and syringes. While prosecutorial discretion is most likely to be used by prosecutors in individual cases, it provides a legally sound approach for a prosecutor who decides not to enforce the needle and syringe laws across the board as part of an HIV infection control program. Although this approach has not yet been adopted in this country, a prosecutor's decision not to enforce these laws might allow the establishment of an experimental program, such as one for needle exchange, that could serve as a laboratory for legislative initiatives.
本文调查了限制使用皮下注射针头和注射器注射非法毒品的法律。它审查了这些法律的宪法依据，并得出结论认为它们有坚实的基础。有一项新的联邦法律对州际商业中的针头和注射器进行监管，但现在判断其实施范围有多广还为时过早。绝大多数州都有关于吸毒用具的法律来管理针头和注射器，少数州有法律要求对针头和注射器的销售和持有开具处方。一些地方司法管辖区也有相关法律，但本文未对其进行具体审查。总体而言，一系列相关法律对用于非法毒品的针头和注射器的制造、销售、使用或持有、广告以及州际商业进行管理。科学家或公共卫生官员若要准确研究这些法律限制在不同司法管辖区对艾滋病毒感染率的影响，必须全面考虑适用的法律。同样，立法变革的尝试也必须确定每一项适用的法律。本文讨论了与决定不起诉涉及非法使用针头和注射器罪行相关的检察官自由裁量权。虽然检察官自由裁量权最有可能在个别案件中被检察官使用，但对于决定不将针头和注射器法律作为艾滋病毒感染控制计划的一部分全面执行的检察官来说，它提供了一种合法合理的方法。尽管这种方法在该国尚未被采用，但检察官决定不执行这些法律可能会允许建立一个实验项目，比如针头交换项目，该项目可以作为立法倡议的试验场。
