A city committee will consider a bill regulating the sale of drug paraphernalia, as well as permitting a needle exchange within Charleston.
"The only thing the city code is doing is allowing us and the city to get out of the way. ... I think we're in the middle of the worst heroin epidemic the state has ever seen," said Lt. A.C. Napier with the Charleston Police Department.
The way the city code is currently written, the sale and dispensing of hypodermic needles is illegal unless coming from a medical professional or institution. The current law also restricts possession of hypodermic needles, which City Attorney Paul Ellis said is problematic.
"That way it was written, it would arguably be illegal for someone to possess a hypodermic needle who had diabetes. It was never enforced that way, but [it] needed to be cleaned up," Ellis said.
In addition to making it possible for a needle exchange, the ordinance is part of the city's effort to update its criminal code to be more in line with that of the state. The language in this ordinance is similar to drug paraphernalia law included in the state code.
The proposed ordinance, up for discussion at tonight's Ordinance and Rules Committee meeting, outlines what is considered drug paraphernalia, how to identify it and requires shopkeepers that sell such items to keep detailed records. Those records must include the full name and address of the person who purchases the item, what was bought, how much and on what day and at what time.
State law says businesses that sell drug paraphernalia are required to register with the state tax department and pay a $150 fee.
Businesses don't have to report their records, but they must be made available for law enforcement to review at any time during business hours. But police say they're not interested in keeping track of those sales.
"There's no interest in drug paraphernalia at this point. The interest is obviously in the needle exchange," Napier said.
The city doesn't keep a database of sales, and that portion was included because it's a state requirement, Ellis said.
"It'll no longer be illegal to simply possess drug paraphernalia, and it isn't illegal to possess drug paraphernalia under state law. This focuses on the distribution and sale," Ellis said.
Napier said the police department is supportive of a needle exchange program. Intravenous drug use and dirty needles are a public health issue, he said. He recounted one night when two officers were stuck with dirty needles.
"I think it's safer for the officers, too, if we don't have dirty needles laying around the streets or in someone's pocket," Napier said.
City Council's Ordinance and Rules Committee meets at 5:30 p.m. in the AV Room of City Hall.
Reach Rachel Molenda at rachel.molenda@wvgazette.com, 304-348-5102 or follow @rachelmolenda on Twitter.