Mr. David Troast
Chairperson
Governor's Advisory Council on AIDS
P.O. Box 360
Trenton, New Jersey 08625-0360

Dear Mr. Troast: 

Thank you for your letter informing me that the Governor's Advisory Council on AIDS will be reviewing all aspects of "needle exchange" programs and that the Council will subsequently present to me its findings on this issue.   I genuinely appreciate the efforts that the Advisory Council on AIDS makes pursuant to the mandate contained in Executive order No. 29, which I signed on December 1, 1994. 

As you are aware, I have publicly and repeatedly stated my opposition to programs that provide free needles to those persons addicted to drugs.  Indeed, on the day that I signed Executive order No. 29 continuing the Advisory Council, I reiterated my opposition to such programs.  I have not changed that position. 

I am familiar with the recent studies regarding "needle exchange" programs conducted by the National Academy of Science and the Centers for Disease Control and Prevention.  I am also aware that, in light of these and similar studies, some persons believe that there are scientific reasons to develop "needle exchange" programs. I, however, do not view this issue solely in terms of science, but also in legal, public policy and philosophical terms. 

Government should not be in the business of facilitating illegal activity. New Jersey has recognized this for a long time.  Laws prohibiting the unauthorized possession of hypodermic needles have been on the books for more than forty years.  Our present-day statute is part of New Jersey's comprehensive "Drug Paraphernalia Act," A.J.S.A. 2C:36-1 to -9.  The Act was patterned after the Model Drug Paraphernalia Act that was developed by the Drug Enforcement Agency of the United States Department of Justice. 

The belief underlying the Model Act and, similarly, our State's Act, is that the unregulated sale and advertising of drug paraphernalia encourages the widespread use of illegal drugs.  Hypodermic needles are drug paraphernalia and are covered under the Act's intentionally broad scope. The free distribution of hypodermic needles as is proposed, for example, in Senate Bill No. 203, would therefore send a mixed signal. It would tacitly encourage illegal drug use.    From a health policy stand point it is also important to recognize the implicit danger in the state providing drug paraphernalia to the public.  Drug use, in many cases, results in the loss of life and is a contributing factor in the birth of low weight babies. 

Scientific theories regarding "needle exchange" programs do not outweigh the long-standing legal, public policy and philosophical determinations that are embodied in the Act.  Thus, in my view, they do not justify distinguishing hypodermic needles from other types of drug paraphernalia that fall under the Act's purview.

For these reasons, I thought it important to let you know as you begin your review that I remain firmly opposed to "needle exchange" programs.

Yours Sincerely,

Christine Todd Whitman
Governor