On May 5, 2008, Attorney General Greg Abbott issued his official opinion that if Bexar County proceeded with the syringe exchange component of the program, participants in the program "would appear to be subject to prosecution". Bexar County has continued to implement the pilot program without starting the needle and syringe exchange component.
Current Texas Law
Texas law does not allow for the implementation of syringe exchange programs, which include the distribution of sterile needles and syringes in exchange for an equal amount of used ones. The population who would benefit from such programs in Texas are people who are injecting controlled substances intravenously.
Under Chapter 481.125 of the Texas Health and Safety Code, a person commits an offense if the person knowingly or intentionally uses or delivers, or possesses with intent to use or deliver, drug paraphernalia that can be used to inject a controlled substance into the human body. The punishment for one of these offenses ranges from a Class C misdemeanor to a state jail felony.
In May 2007, the Texas Legislature passed SB 10, which included an amendment that authorized the establishment of a pilot program to prevent the spread of certain diseases and the anonymous exchange of needles and syringes in Bexar County.
In September 2007, a request for an Attorney General Opinion on the legality of the Bexar County pilot program was submitted by Bexas County District Attorney Susan Reed.
