Year: 2024
Type: article
Abstract: Evidence of harm reduction interventions' morbidity and mortality benefits is abundant and of high quality, so there are good reasons for regional and national groups to advocate for more widespread distribution of legally regulated "drug paraphernalia," including needles, syringes, and fentanyl test strips.But lack of consistency among states' laws means that patients' interstate travel can subject them to being charged with possession of illegal items.This commentary on a case offers guidance to clinicians looking to help patients understand legal risks of interstate travel with supplies that are prescribed or recommended to reduce harms of their drug use and explores the ethical responsibilities of physicians in jurisdictions that legally prohibit these harm reduction interventions.Case GG has opioid use disorder (OUD) with a history of multiple incidental overdoses.Part of GG's OUD treatment plan, managed by a local clinic team, requires GG's use of clean syringes and fentanyl test strips, a supply of which GG brings when visiting family.GG is pulled over by a state trooper just after crossing an interstate border.A search of the vehicle finds no illegal drugs, but GG's syringes and test strips are confiscated.GG tries to explain, "Those are medical supplies I get from my clinic.I need those," but GG is arrested and jailed for drug paraphernalia possession. CommentaryWe considered this case as physicians in Texas, which has an opioid crisis and laws that hinder distribution of harm reduction supplies, identified in state and federal law as "drug paraphernalia."1,2 Texas state law and federal law define drug paraphernalia as "any equipment, product or material . . .primarily intended or designed for . . .processing, preparing, injecting, ingesting, inhaling . . .into the human body a controlled substance," 1,2 and Texas law also includes in its definition "testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance." 1 In the last decade, Texas has experienced a steady increase in opioid-related deaths, 3 with a sharp increase beginning in 2019, similar to national trends.4 Because in Texas and other states with similar laws patients' interstate travel
Source: The AMA Journal of Ethic
Institution: The University of Texas Southwestern Medical Center
Language: English
Field: Medicine
Domain: Health Sciences
Open Access status: diamond
OpenAlex ID: W4400287983