Legal Review: First Needle Exchange Sites Could Open in Virginia This Year

By Virginia criminal defense attorney Patrick Woolley with Price Benowitz, LLP.

The opioid epidemic across the country has led to millions of overdoses and thousands of deaths. Virginia is not immune to the crisis, which is why the state is looking to open a needle exchange site later this year in an effort to curb the spread of diseases, specifically hepatitis C.

The needle exchange site will more than likely open somewhere in Wise County, which has been devastated by the opioid epidemic. The county has seen 120 deaths related to opioid overdoses from 2007 to 2017. The hepatitis C rate is almost double the 141 per 100,000 people in a county of 40,000 residents.

“I think it’s really exciting that they have been the leaders in this and are showing the state the way to go and are jumping right in,” Elaine Martin, the director of HIV prevention services for the Virginia Department of Health, said.

The program should be approved relatively soon. The department has received the application for the site and has reviewed the proposed site, according to Martin.

The Health Department released statistics related to hepatitis C for the age range of 18-30, the group most likely to contract the disease via drug use. In 2017 alone, there were 2,141 new cases of the disease in the state. This was an increase from just 840 new cases six years ago.

Virginia became the 28th state to legalize needle exchange programs, doing so in July 2017. No more than 55 localities can apply to become exchange sites. So far, Wise County is the only locality that has applied in Virginia.

“Many organizations, especially law enforcement agencies, are skeptical about approving needle exchange sites,” Patrick Woolley, a Virginia drug crimes attorney, said.

The opioid epidemic in Virginia reached new heights in 2017, according to preliminary data from the Health Department. There were 1,227 deaths related to opioid overdoses, which includes painkillers and heroin. The increase in deaths from 2015 to 2017 was more than 50 percent for the state.

When it comes to hepatitis C cases, Roanoke has the highest rate of the disease in the state. Six years ago, there were six new cases. In 2017, Roanoke had 85 reported cases of the disease.