Published on: Tuesday, November 17, 2020

A local federal prosecutor continues to block plans to open what could be the nation’s first medically supervised injection site in Philadelphia. The federal government on Monday urged the U.S. Court of Appeals for the Third Circuit to bar the operation of a supervised drug injection site in Philadelphia, saying it would violate federal drug law because its main purpose is to facilitate illegal substance use (article available here).

During an oral argument held via Zoom, the U.S. Attorney for the Eastern District of Pennsylvania sought to overturn a federal district court's ruling that the facility proposed by the nonprofit Safehouse doesn't run afoul of the Controlled Substances Act of 1970. The district court rejected the government's argument noting that the government struggled to defend its "overly simplistic formulation of 'purpose.'"

Safehouse believes the plan could save lives as the city grapples with about 1,100 overdose deaths each year. Under the Safehouse plan, people could bring drugs to the clinic-like setting, use them in a partitioned bay and get medical help if they overdose. They would also have access to counseling, treatment and other health services. “The ultimate goal of Safehouse’s proposed operation is to reduce drug use, not facilitate it, and accordingly, (the law) does not prohibit Safehouse’s proposed conduct,” the district court wrote.

Philadelphia Mayor Jim Kenney, Philadelphia District Attorney Larry Krasner and former Pennsylvania Gov. Ed Rendell, who sits on Safehouse's board, all support the proposed site.