Federal judge rules safe injection site can legally open in Philly

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City of Brotherly Life –

OCTOBER 02, 2019 – he Department is disappointed in the Court’s ruling and will take all available steps to pursue further judicial review,” Deputy Attorney General Jeffrey Rosen said in an emailed statement. “Any attempt to open illicit drug injection sites in other jurisdictions while this case is pending will continue to be met with immediate action by the Department.”

Judge Gerald McHugh ruled in a lawsuit brought by U.S. Attorney William McSwain, which sought to bar Safehouse from opening a safe injection site, arguing that a portion of federal law — called the “crack house” statute — makes it illegal for any place to operate for the purpose of using illegal drugs. McHugh says he examined the text of the law and materials surrounding its passage and concluded, “There is no support for the view that Congress meant to criminalize projects such as that proposed by Safehouse.”

“Safe injection sites were not considered by Congress and could not have been, because their use as a possible harm reduction strategy among opioid users had not yet entered public discourse,” the judge wrote. McSwain called the opinion “merely the first step in a much longer legal process that will play out.”

“This case is obviously far from over,” he said. “We look forward to continuing to litigate it, and we are very confident in our legal position.”