With overdose deaths from non-medical drug use skyrocketing to a horrifying 108,000 in 2021, state and federal policymakers are finally beginning to appreciate harm reduction strategies that can reduce the risk death and disease from using drugs obtained in the black market fueled by drug prohibition. These strategies include syringe services programs (also called SSPs or “needle-exchange programs”), distributing drug testing devices such as fentanyl test strips, and distributing the overdose antidote naloxone (which is inexplicably still classified as prescription-only by the Food and Drug Administration). Unfortunately, drug paraphernalia laws undermine these efforts.

Federal drug law mainly prohibits the interstate sale or distribution of a list of items and devices statutorily defined as “drug paraphernalia.” More immediate obstacles to harm reduction are the numerous state-level drug paraphernalia laws that prohibit intrastate sale or distribution of a myriad of devices and objects listed as drug paraphernalia. Such laws make it difficult—if not impossible—for harm reduction organizations, many of which are privately run and privately funded, from performing their important work. Some states enact carve-outs to their paraphernalia laws to allow such organizations to legally function, but they often come with onerous conditions and restrictions. If policymakers want to seriously embrace harm reduction strategies, a good place to start is to eliminate drug paraphernalia laws.

I co-authored with Sophia Heimowitz a policy analysis that examines and compares the drug paraphernalia laws in all 50 states and the District of Columbia and recommends policy proposals. We found that Alaska is the only state that does not have drug paraphernalia laws on its books. Called “Drug Paraphernalia Laws Undermine Harm Reduction—To Reduce Overdoses and Disease, States Should Emulate Alaska,” the policy analysis was published today on the Cato website.

On June 17, 2022, from 12:00 ‑1:00 PM EDT I will moderate an online policy forum, “How Drug Paraphernalia Laws Undermine Harm Reduction.” Panelists will include Corey S. Davis, Director of the Harm Reduction Project at the Network for Health Policy Law and an expert on drug paraphernalia laws, Robin Lutz, Executive Director of the Alaskan AIDS Assistance Association, one of Alaska’s oldest established harm reduction organizations, and Haley B. Coles, Executive Director of Sonoran Prevention Works, one of Arizona’s oldest harm reduction organizations—in May, 2021 Arizona lawmakers passed two separate laws removing fentanyl test strips from the list of prohibited drug paraphernalia and legalizing SSPs. You can register to view the online event here.