Judge temporarily halts West Virginia needle exchange law amid spike in HIV

A West Virginia judge on Monday issued a temporary restraining order delaying the implementation of a law signed by Gov. Jim Justice (R) that critics say would have restricted access to clean needles as the state deals with a spike in HIV cases.

U.S. District Judge Robert Chambers issued the order on the measure that Justice signed in April, West Virginia Public Broadcasting (WVPB) reports. The bill would enact multiple restrictions in order for people to receive clean needles, including requiring programs to become licensed and requiring people to bring used needles in exchange for clean needles.

The order was issued following a request from the American Civil Liberties Union (ACLU) of West Virginia.

“We’re encouraged by this decision from the court. This harmful, constitutionally flawed bill should never be allowed to take effect. Harm reduction saves lives,” Loree Stark, ACLU West Virginia’s legal director, said in a statement.

As WVPB notes, most public health experts agree that clean needle exchange programs are one of the most effective methods of preventing the spread of the disease among people who use intravenous drugs.

The outbreak has been partially attributed to the cancellation of clean needle programs in 2018.

In April, Sen. Joe Manchin (D-W.Va.) requested that the Centers for Disease Control and Prevention look into the HIV outbreak in his state.