Legal Barriers to Safer Smoking Supplies Cause Harm and Should Be Removed

Tags:
Early View Perspective
Topics:
Population Health

Policy Points:

  • There has been a pronounced shift from injecting to smoking drugs in the United States.
  • This shift has the potential to reduce many health harms associated with illicit drug use.
  • State laws are structural barriers to the provision of safer smoking supplies, cause preventable harm, and should be repealed.

The United States continues to experience a nearly unprecedented level of drug-related health harms, with over 105,000 Americans dying of overdose in 2023 alone.1 Although overall overdose deaths declined slightly from 2022 to 2023, rates for Black people continued to rise.1 Stimulants such as cocaine and methamphetamine are increasingly involved in overdose deaths, and xylazine and other contaminants continue to be prevalent in the illicit drug supply.2

Although overdose is the most obvious and devastating harm related to the epidemic, other drug-related morbidities have increased nearly in lockstep with overdose deaths. Most of these harms stem from lack of access to injection and smoking equipment among people who use drugs (PWUD).3, 4 Injection-related HIV outbreaks have occurred in several states, and syringe sharing continues to be a major cause of HIV infection.5-8 Acute hepatis C infections, most of which are caused by syringe sharing, doubled from 2015 to 2022.9, 10 Endocarditis and other skin and soft tissue infections are at or near all-time highs as well.11-13 Facilitating a transition from injecting drugs to inhaling or smoking them is an evidence-based method of reducing this injection-related harm, but legal barriers currently limit access to safer smoking equipment in most states.

References

1

Garnett MFMiniño AMDrug overdose deaths in the United States, 2003–2023. National Center for Health Statistics. 2024522

2

Friedman JShover CLCharting the fourth wave: geographic, temporal, race/ethnicity and demographic trends in polysubstance fentanyl overdose deaths in the United States, 2010–2021Addiction2023118(12): 24772485.

3

Sharhani AJorjoran Shushtari ZRahmani A, et al. Incidence of HIV and HCV in people who inject drugs: a systematic and meta-analysis review protocolBMJ Open202111(1):e041482.

4

Kadri ANWilner BHernandez AV, et al. Geographic trends, patient characteristics, and outcomes of infective endocarditis associated with drug abuse in the United States from 2002 to 2016J Am Heart Assoc20198(19):e012969.

5

Rich JDAdashi EYIdeological anachronism involving needle and syringe exchange programs: lessons from the Indiana HIV outbreakJAMA2015314(1): 2324.

6

Cranston KAlpren CJohn B, et al. Notes from the field: HIV diagnoses among persons who inject drugs—Northeastern Massachusetts, 2015–2018MMWR Morb Mortal Wkly Rep201968(10): 253254.

7

Northern Kentucky TribuneHealth departments share CDC recommendations to address HIV among people who inject drugs2019. Accessed June 28, 2025. nkytribune.com/2019/01/health-departments-share-cdc-recommendations-to-address-hiv-among-people-who-inject-drugs/

8

Des Jarlais DCSypsa VFeelemyer J, et al. HIV outbreaks among people who inject drugs in Europe, North America, and IsraelLancet HIV20207(6): e434e442.

9

Zibbell JEAsher AKPatel RC, et al. Increases in acute hepatitis C virus infection related to a growing opioid epidemic and associated injection drug use, United States, 2004 to 2014Am J Public Health2018108(2): 175181.

10

Centers for Disease Control and Prevention2022 Viral hepatitis surveillance report2022. Accessed January 3, 2025. https://cdc.gov/hepatitis-surveillance-2022/hepatitis-c/?CDC_AAref_Val=>

11

Ronan MVHerzig SJHospitalizations related to opioid abuse/dependence and associated serious infections increased sharply, 2002–12Health Aff (Millwood)201635(5): 832837.

12

Schranz AJFleischauer AChu VHWu LTRosen DLTrends in drug use-associated infective endocarditis and heart valve surgery, 2007 to 2017: a study of statewide discharge dataAnn Intern Med2019170(1): 3140.

13

Barocas JAEftekhari Yazdi GSavinkina A, et al. Long-term infective endocarditis mortality associated with injection opioid use in the United States: a modeling studyClin Infect Dis202173(11): e3661e3669.


Citation:
Davis C, Lieberman A, Behrends C. Legal Barriers to Safer Smoking Supplies Cause Harm and Should Be Removed. https://doi.org/10.1111/1468-0009.70034