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Texas AG: Lege intended prosecution of participants in needle exchange pilot it authorized

By Gritsforbreakfast

Egged on by Bexar County DA Susan Reed, Texas Attorney General Greg Abbott sided opponents of a legislatively approved needle exchange program in San Antonio, likely pushing the issue to the courts - in the form of the prosecution of Christian activist Bill Day, who was arrested for distributing clean needles to addicts - and back to the Legislature in 2009.See General Abbott's opinion.I'm not a lawyer, but I find the stance ridiculous. The Legislature authorized a needle exchange pilot in Bexar County, which by definition involves allowing needles to be exchanged with addicts. But according to Abbott, because:the Legislature has expressly demonstrated its ability and willingness to exclude otherwise criminal acts from prosecution under the Texas Controlled Substances Act--but did not do so here--this office can neither assume nor legislate such an intent...continue to full post

Full post as published by Grits for Breakfast on May 05, 2008 (boomark / email).