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http://ssrn.com/abstract=1088019
 
 

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The Law (and Politics) of Safe Injection Facilities in the United States


Leo Beletsky


Northeastern University - School of Law; Northeastern University - Bouvé College of Health Sciences

Corey S. Davis


Network for Public Health Law

Evan D. Anderson


Center for Public Health Initiatives, University of Pennsylvania; Temple University - James E. Beasley School of Law

Scott Burris


Temple University - James E. Beasley School of Law


American Journal of Public Health, Vol. 98, p. 231, 2008
Temple University Legal Studies Research Paper No. 2008-45

Abstract:     
Supervised injection facilities (SIFs) have shown promise in reducing harms and social costs associated with injection drug use. Favorable evaluations in other countries have raised the issue of their implementation in the United States. Recognizing that laws shape health interventions targeting drug users, we analyze the legal environment for publicly authorized SIFs in the United States. States and some municipalities have the power to authorize SIFs under state law, but federal authorities could still interfere with these facilities under the Controlled Substances Act. A state- or locally authorized SIF could proceed free of legal uncertainty only if federal authorities explicitly authorized it or were persuaded not to interfere. Given legal uncertainty, and the similar experience of syringe exchange programs, we recommend a process of sustained health research, strategic advocacy, and political deliberation.

Number of Pages in PDF File: 26

Keywords: HIV/AIDS, prevention, harm reduction

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Date posted: January 29, 2008 ; Last revised: March 12, 2012

Suggested Citation

Beletsky, Leo and Davis, Corey S. and Anderson, Evan D. and Burris, Scott, The Law (and Politics) of Safe Injection Facilities in the United States. American Journal of Public Health, Vol. 98, p. 231, 2008; Temple University Legal Studies Research Paper No. 2008-45. Available at SSRN: http://ssrn.com/abstract=1088019

Contact Information

Leo Beletsky (Contact Author)
Northeastern University - School of Law; Northeastern University - Bouvé College of Health Sciences ( email )
400 Huntington Ave.
Boston, MA 02115
United States
617-373-5540 (Phone)
Corey S. Davis
Network for Public Health Law ( email )
Saint Paul, MN
United States
Evan D. Anderson
Center for Public Health Initiatives, University of Pennsylvania ( email )
Philadelphia, PA 19104
United States
2159000359 (Phone)
Temple University - James E. Beasley School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
Scott C. Burris
Temple University - James E. Beasley School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-6576 (Phone)
215-204-1185 (Fax)
HOME PAGE: http://www.temple.edu/lawschool/phrhcs/index.html
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