DOJ Mulls Provision Of Supervised Drug Consumption Sites With Fatal Overdose Protection

The U.S. Department of Justice is “evaluating” whether it will allow the opening of safe injection sites for drug consumption with policies aimed at preventing fatal overdoses. The department’s statement marks a significant turnaround from its stance in the Trump administration when prosecutors fought against a plan to open a safe haven facility in Philadelphia.

Speaking with Associated Press, the Justice Department said it was “evaluating” the said facilities and is currently in discussions with regulators regarding “appropriate guardrails.” The first officially authorized safe drug consumption sites called “overdose prevention centers” opened in New York City in November, while a few unofficial facilities have been operating for some time in different states.

In January 2021, Philadelphia nonprofit Safehouse lost a federal court ruling, according to which, opening a safe haven for drug injections of heroin and other narcotics in the city would violate federal law, NPR reported.

The group has been arguing for years that such facilities would help prevent fatal overdoses as people bringing illegal opioids into the centers would be medically supervised.

U.S. Attorney William McSwain, who was appointed by former President Donald Trump, fought the nonprofit’s arguments and lost in court in October 2019 before last year’s victory backed by Judges Stephanos Bibas and Thomas L. Ambro of the 3rd U.S. Circuit Court of Appeals.

Following the ruling, McSwain said “the rule of law is still alive and well in Philadelphia,” adding that the Third Circuit’s “opinion is a faithful reading of the statute’s plain language and is consistent with Congress’s intent to protect American neighborhoods from the scourge of concentrated drug use.”

In November, New York City authorized the establishment of two supervised injection sites in Manhattan. Officials at the Washington Heights site said on the day of the facility’s opening that trained staff reversed two overdoses at the center, The New York Times reported.

Weeks before the sites received people, NYC Mayor Eric Adams expressed support for monitored facilities. “Every overdose death is a tragedy - & we can do more to prevent them. That’s why I’m going to establish more overdose prevention centers that include wraparound services like counseling, healthcare, & supportive housing. Our neighbors’ lives depend on it,” he said.

Boston, San Francisco, and Seattle have also taken legal steps to push for supervised injection sites in their areas, but with less than victorious results.