Howard County prosecutor argues against potential syringe exchange program

It’s a point made by McCann in a March letter to Howard County assistant attorney Alan Wilson and in a recent interview with the Tribune following the announcement earlier this month that the county health department is preparing for the potential adoption of an SEP.

In effect, a local SEP would provide hypodermic needles, harm reduction kits for clean injection and other health-based items to drug users. The goal of an SEP is to minimize the transfer of HIV and Hepatitis C, and to put drug users in contact with health care, social welfare services, mental health treatment and more.  

But McCann believes such developments are either unlikely or would further endanger local drug users by giving them easier access to drug paraphernalia.  

In an effort to contextualize a needle exchange, McCann compared a mobile SEP unit to “the old ice cream truck that is driving around the neighborhood, and we are sitting here handing out needles like this is just a service.”

“Clean needle programs, we believe, are inherently destructive and do not accomplish the desired goal,” he said, referencing the prosecutor’s office. “My main focus is that … giving clean needles to addicts is no way to solve the drug problems we have in our community. It is my position that the needle programs only promote the use of illegal drugs.”

McCann also balked at the health department’s plan to incorporate treatment services within an SEP, saying health officials don’t have the “leverage” to motivate drug users to participate in therapy.

The prosecutor went on to reference two potential situations, both in a negative light.  

He said any SEP that doesn’t incorporate treatment services is solely promoting the use of illegal drugs, while an SEP that makes clean needles conditional upon treatment participation is also destined to fail, as drug users would rather get high with dirty needles than interact with health officials.

Instead, McCann - who also promoted the idea of harsher penalties for drug dealers - believes it is the responsibility of law enforcement to place drug users in treatment programs after an arrest has been made.

“I don’t think the department of health has any ability to force anybody into treatment, and I don’t think somebody is going to go through a treatment program just to get a clean needle,” he said. “The only way that we found some success is through the criminal justice system. … We have some ability to enforce their cooperation by revoking their probation, putting them in jail, having sanctions, so we have leverage.

“In dealing with these types of individuals, they’re addicts and the last thing they want to do is be around people; the first thing they want to do is get high. And if they can get a free needle, that’s fine, but if I’m going to sit and go through counseling, I don’t see all the motivation for a clean needle.”

When asked about research that shows the positive health effects of SEPs, McCann said he is unaware of such data, instead saying he believes the programs are a violation of Indiana code.

A study by the National Institutes of Health found needle exchange programs lead to a reduction in risk behaviors as high as 80 percent in injecting drug users, and estimates of a 30 percent or greater reduction of HIV. The same study found needle exchange programs neither promote nor decrease drug use.

According to The Foundation for AIDS Research, a recent study also found new SEP participants are five times more likely to enter a drug treatment program than non-participants. The foundation also found SEPs protect law enforcement personnel from needle stick injuries.

“I have not seen [that data],” said McCann. “I think when I wrote the letter, I kind of poked around a little bit, and what I kind of saw was there was for and against. I guess I don’t have a comment.”

McCann said despite Gov. Mike Pence’s decision in May 2015 to sign legislation allowing counties to establish SEPs as a response to outbreaks of Hepatitis C and HIV, providing needles to drug users is still a potential violation of the law since they don’t have immunity.

It is also in contrast with the oath of office he took when elected to support the constitutions of the United States and state of Indiana, he noted both in the interview and in his letter.

“My concern is the law, and this looks like a promotion of violating the law from my standpoint,” he said. “As a prosecutor, there’s that line where I can’t sit there when I know what this is. You are promoting illegal drug activity, and we are the government. We shouldn’t be doing that.”

Instead, the government, mostly through law enforcement, is tasked with providing education and treatment to those afflicted with drug addiction, said McCann, who believes family values are eroding and requiring governmental units to take charge.

“My position is to get them help,” he said. “When we charge them, we want to help you. I’m not hammering you here because you violated the law. We really want to get you into the system where we are trying to help you, give you a chance.

“We are relying on government now and government programs, and I don’t think that’s right. I think we need to get more of the traditional values back for support, get hard work, get education, get you through school,” he added later as a potential solution, noting the limited resources possessed by the governmental agencies.

However, if confronted with an HIV outbreak in Howard County similar to that of Scott County, which at last count has seen over 190 people test positive for HIV, McCann said he would consider an SEP, but only under specific circumstances.

“I would need more information on the program,” he said. “I wouldn’t rule it out I guess, but I would like to have some confidence that the ultimate goal attempting to be reached here is to get them off the drugs, and by just driving around and exchanging needles, that goes in the wrong direction in my opinion.

“If there was a program that would curb that, but also at the same time is trying to get these people off drugs and this lifestyle that’s getting them where they are contracting HIV and Hepatitis, then potentially. I wouldn’t rule it out. I would consider it.”