SENATE OKS SYRINGE SALES

The state Senate passed a bill yesterday to legalize purchase of
hypodermic needles over the counter, setting up a battle with
Governor Mitt Romney, who has said he opposes the legislation.

Massachusetts would become the 48th state to legalize
over-the-counter sales of syringes to curb the spread of blood-borne
diseases such as HIV and hepatitis C through dirty needles shared by
drug users. Lieutenant Governor Kerry Healey joined other Republicans
in opposing the bill, saying it would encourage illegal drug use.

Supporters say the bill would save the state healthcare costs and lives.

New Jersey and Delaware are the only other states where
over-the-counter sales are illegal. Currently, four Massachusetts
cities -- Boston, Cambridge, Northampton, and Provincetown -- are
running needle exchange centers where used needles can be returned
for clean ones.

"This is not about enabling drug addicts," said Senator Steven A.
Tolman. "This is unequivocally about [stopping] dreaded diseases
through the use of intravenous drugs and dirty needles. It is
something that I know we had to do."

The Senate passed the bill 26 to 8. It cleared the House 115 to 37 in
November, but for procedural reasons it must clear both chambers
again before it goes to Romney. The House expects to take it up next week.

Romney, who is considering a 2008 run for president, has denounced
the bill, saying that there is no system for the safe disposal of
used syringes.

"Legalizing needles is like giving matches to an arsonist," said Eric
Fehrnstrom, the governor's spokesman. "It undermines our efforts to
enforce the state's drug laws, and it increases the likelihood that
dirty and contaminated needles will end up on our beaches, parks, and
playgrounds."

Healey, the GOP nominee for governor, released a statement objecting
to the measure.

The three Democrats running for governor issued statements yesterday
backing the legislation. It was also backed by the independent and
the Green-Rainbow Party candidates.

The bill would allow anyone 18 or older to purchase a syringe from a
pharmacy without a prescription. It would also decriminalize
possession of hypodermic needles, now a misdemeanor.

On the Senate floor, opponents and supporters pointed to letters from
state officials and specialists regarding the hotly debated
legislation. The bill, the opponents said, would multiply the number
of needles left as dangerous litter in public places.

"This initiative will dramatically increase the amount of dirty
needles present in our communities, presenting a threat to children
who may come in contact with them," according to a letter that Public
Safety Secretary Robert C. Haas and State Police Colonel Tom Robbins
sent to the office of Senate President Robert E. Travaglini hours
before the Senate vote yesterday. "We believe this legislation would
legitimize illegal drug use throughout the state, complicating our
efforts to enforce the laws against heroin and other injectable drugs."

The bill is backed by four district attorneys, including Martha
Coakley of Middlesex County and Daniel F. Conley of Suffolk County.

In 2005, the state Department of Public Health provided testimony
supporting needle sales, but a Romney spokesman said that the
governor did not agree with the health agency's position.

The Department of Public Health has since reconsidered its stand on
needle sales, backing instead needle-exchange centers in individual
cities and towns.

"We were looking at it strictly from a public health perspective,"
Paul Cote, the department's commissioner, said last night. "We
obviously wanted to avoid the consequences of sharing needles and
blood-borne infections. But we'd like to see what happens on the
local option before we advocate for a statewide measure."

Supporters say the bill's passage in the Senate was a big step forward.

"It's about time," said Jean McGuire, a health science professor at
Northeastern University's Bouve College of Health Sciences. "From the
perspective of the epidemic, this is something we should have done a
long time ago."

Rebecca Haag, executive director of the AIDS Action Committee of
Massachusetts, said advocates have been working for months, calling
legislators to show them the benefits of the measure.

"This is the single most important step that our Legislature could
take to prevent the spread of HIV and hepatitis C in the state," Haag said.

Both the House and Senate have passed the bill by the two-thirds
majority necessary to override Romney's expected veto.

Senate minority leader Brian P. Lees of East Longmeadow, a leading
opponent, nevertheless said the potential of upholding a veto in the
Senate is "very high."

The governor needs 14 votes in the Senate to sustain his veto. Lees
said that Romney has never had his veto sustained.

Although only eight senators voted against it yesterday, Lees said
two opponents were not recorded because they paired their votes with
colleagues who supported the bill and were not present. Another
opponent, Republican Senator Scott P. Brown of Wrentham, missed the vote.

"This is extremely close," Lees said. He said that, with some strong
lobbying, Romney would have a good chance to move more votes in opposition.

Frank Phillips contributed to this report.