GOVERNOR ALLOWS NEEDLE EXCHANGES

Citing a State of Emergency, Mcgreevey Authorized Three Programs.
Bills Had Been Stalled in the Legislature.

TRENTON - Declaring a "state of emergency" due to the spread of AIDS
and other blood-borne diseases through intravenous drug use, Gov.
McGreevey yesterday signed an executive order to allow for three local
needle-exchange programs in New Jersey.

McGreevey said two of the programs to allow addicts to exchange used
syringes for sterile ones will be based in Camden and Atlantic City,
cities that have struggled with high rates of HIV infections.

By invoking the sweeping power of his office, McGreevey sidestepped
opponents of needle exchanges who have bottled up legislation in the
state Senate that would legalize the controversial initiative.

Some opponents predicted McGreevey's order would face a court
challenge.

"Somebody needs to tell the governor that just because he is leaving
office in three weeks doesn't mean he has the authority to ignore the
state constitution," said Assemblyman Joseph Pennacchio (R., Morris).

"It becomes increasingly clear that the governor's decision to stay in
office after announcing his resignation is having dangerous
consequences for this state," he said.

McGreevey argued that his order would save lives.

"This should not be a political issue," he said. "It is a fundamental
question of medical science."

Clifton R. Lacy, commissioner of the state Department of Health and
Senior Services, said that needle-exchange programs are proven ways of
reducing HIV infections.

As of June 30, more than half of New Jersey's cumulative 64,219 cases
of HIV and AIDS are attributed to injection drug users, and their
partners and children, according to the state.

New Jersey ranks fifth highest in the nation in the number of AIDS
cases, according to the state.

The order took effect immediately, but Lacy said it would likely take
months before the programs would be up and running.

The order remains in effect until Dec. 31, 2005 - thus leaving the
question to future acting Gov. Richard J. Codey (D., Essex) and the
Legislature as to whether those programs would continue.

Codey spokeswoman Kelley Heck said McGreevey did not consult with
Codey, the Senate president, before signing the order.

Codey does not have a position on the order, Heck said.

"He wants to review it closely," she said.

At the signing ceremony, which was held in the Health and Senior
Services building, McGreevey was joined by supporters, including the
leaders of the Medical Society of New Jersey and the Drug Policy
Alliance New Jersey.

Under the order, the three municipalities would need to pass an
ordinance if they wanted such a program, and McGreevey noted that
Camden and Atlantic City have already done so.

A third municipality is yet be determined.

In September, a judge ruled that Atlantic City's program violated
current state law.

McGreevey signaled his interest in a law to address the issue, and the
state General Assembly this month approved bills to allow needle
exchanges and to let pharmacies sell syringes without a
prescription.

But the legislation was stalled in a Senate committee by opponents,
including Sen. Ronald L. Rice (D., Essex), who issued an angry written
statement.

"For the governor to call a state of emergency to fast-track the
needle-exchange bill is another example of his irresponsibility," Rice
said. "He is avoiding the cry of women and minorities who want
treatment programs."

Despite the governor's denial, Rice said the executive order "is
purely political in motivation."

John T. Tomicki, executive director of the League of American
Families, called the executive order McGreevey's "death legacy" - a
pointed reference to McGreevey's reported desire to bolster his legacy
as governor before leaving office next month.

"Notice what the governor said: We couldn't achieve consensus,"
Tomicki noted. "That's right. The governor, when he can't get his way,
he does his own thing for his own personal goals."

Tomicki said some studies show that drug-overdose deaths increase when
needle exchanges are allowed.

Instead of legalizing needle exchanges, the state should increase
funding for drug treatment, Tomicki said.

Assembly Majority Leader Joseph J. Roberts Jr. (D., Camden) argued
that New Jersey was woefully behind the rest of the nation on syringe
access. With McGreevey's order, Delaware will now be the only state
that does not allow syringe access for drug addicts.

"Executive powers are intended to be used in response to crisis
situations, and I cannot think of anything that better fits the
definition of crisis than the HIV/AIDS and hepatitis epidemic in New
Jersey," Roberts said.

Nonetheless, Roberts urged the Senate to act on the bills that already
have Assembly approval.

"Our work is not yet complete," Roberts said.

The executive order does not deal with pharmacy access of syringes.
The Assembly legislation would allow for the sale of 10 or fewer
syringes without a prescription to those 18 and older.

The order also does not address new funding for drug treatment.

The Assembly legislation would provide $10 million for drug treatment.