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Date: November 22, 2024 Fri
Time: 11:43 am
Time: 11:43 am
Results for safe injection sites
1 results foundAuthor: Kreit, Alex Title: Safe Injection Sites and the Federal 'Crack House' Statute Summary: Efforts to start a safe injection site are currently underway in at least 13 cities and states. Four cities - New York, Philadelphia, San Francisco, and Seattle - have gone so far as to announce plans to open an injection site. There is just one small problem. They appear to violate the federal "crack house" statute, which makes it a crime to maintain a drug involved premises. The Department of Justice has not yet taken a formal position on safe injection sites. But in a New York Times editorial, Deputy Attorney General Rod Rosenstein threatened that "cities and states should expect the Department of Justice to meet the opening of any injection site with swift and aggressive action." Surprisingly, this looming conflict has gone almost entirely overlooked by legal academics. Meanwhile, the public debate has assumed that the status of safe injection sites under federal law is clear. In this article, I argue that assumption is wrong. Despite the crack house statute, an obscure provision of the federal Controlled Substances Act (CSA) might allow states and localities to establish government-run safe injection sites. Buried in the CSA is a statute that immunizes state and local officials who violate federal drug laws in the course of "the enforcement of any law or municipal ordinance relating to controlled substances." This provision was almost surely intended to protect state and local police officers who possess and distribute drugs in connection with undercover operations. But, I argue, the text of the immunity provision and the little caselaw that exists interpreting it suggests it could shield government-run safe injection sites from federal interference. Details: Columbus: Ohio State University, Michael E. Moritz College of Law, Drug Enforcement and Policy Center, 2018. 75p. Source: Internet Resource: Ohio State Public Law Working Paper No. 464: Accessed November 8, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3254495 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3254495 Shelf Number: 153357 Keywords: Drug Policy Opioid Crisis Safe Injection SitesWar on Drugs |