Sen. Dick Sears
Sen. Dick Sears. Photo by Michael Dougherty/VTDigger

A bill that would allow for safe injection sites for people to use opioids in Vermont has stalled.

The Senate Judiciary Committee has taken testimony on the legislation this session, S.107, but agreed at a meeting late last week to send a letter to the chairs of the Governor’s Opioid Coordination Council to further study the issue.

Senate Judiciary Chair Sen. Dick Sears, D-Bennington, said Friday the committee wanted the council to look at several factors, including whether safe injection sites would increase or decrease opioid use in Vermont.

Sears said addressing demand for illegal drugs was a key concern for him.

“My view is whatever we can do to reduce demand we should be doing,” he said. “We’re not going to arrest our way out of this problem.”

The senator added that he didn’t think the bill would advance this year beyond the sending of the letter to the council.

“We didn’t talk about when it might come back,” Sears said of the proposed bill. “Maybe next session there’ll be another opportunity to look at it.”

According to the legislation, it seeks to “limit drug-related criminal liability and civil forfeiture actions against persons associated with an approved safer drug consumption program.”

The opioid council last week released a report providing a host of strategies and recommendations to the governor to address the opioid crisis in the state. Council members said in releasing that report that they did not consider safe injection sites.

Chittenden County State’s Attorney Sarah George formed a commission last spring to explore the use of such sites. A report issued late last year from that commission, which included local police, medical professionals and social service providers, endorsed the use of safe spaces for people to inject heroin or consume other opiates, with a goal of reducing overdose deaths.

Such facilities are intended to be sites were people can use drugs under the supervision of medical professionals without fear of criminal prosecutions. Also, the facilities would have resources available about pathways to addiction treatment and other recovery and support services.

The United States does not have any officially sanctioned safe injection sites, but such facilities have operated in other countries, including Canada.

Sears added Friday that committee members also had concerns about the possibility of federal action against such facilities in Vermont, if the legislation gained approval.

U.S. Attorney Christina Nolan, the top federal prosecutor in Vermont, issued a statement late last year saying her office would prosecute and seize the assets of entities operating safe injection facilities in the state.

“It is a crime, not only to use illicit narcotics, but to manage and maintain sites on which such drugs are used and distributed,” the statement read. “Thus, exposure to criminal charges would arise for users and SIF (safe injection facility) workers and overseers. The properties that host SIFs would also be subject to federal forfeiture.”

Vermont Public Safety Commissioner Thomas Anderson testified before the Senate panel late last week, saying that resources would be better focused on preventing opioid use and providing treatment and support for those in recovery.

Theresa Vezina, harm reduction program manager for Vermont Cares, which runs one of state’s syringe exchange programs, also testified before the Senate Judiciary Committee last week.

Sears asked her at one point what message having such safe injection sites sends to the youth and others about Vermont.

“I would hope that the message that would be sent is that all lives matter,” she replied.

Vezina added that needle exchange programs already exists.

“We know people are using the drugs,” she added. “Not everybody is at a place today where they’re able to stop using heroin or other opiates, or other drugs for that matter … we can still treat them with respect and provide them with the health services that they need at this time.”

Asked by Sears if she was concerned that workers at such facilities and the organizations running them may face federal prosecution even if state legislation were approved, Vezina responded, “It’s worth the risk to save lives.”

VTDigger's criminal justice reporter.