The Cebu City Council wants the City Health Department (CHD) to review its program on the distribution of free syringes, saying it may be violating Republic Act 9165 or the Comprehensive Dangerous Drugs Act.
In last Thursday’s executive session, some councilors said the Harm Reduction Program of the City Health Office may violate RA 9165 which states that only persons with authority can distribute or own paraphernalia for drugs.
Under section 12 of the law, a penalty of imprisonment from six months and one day to four years and a fine ranging from P10,000 to P50,000 shall be imposed on persons found to have in his or her possession any equipment intended for injecting, administering or introducing drugs to the body.
“You have to review the law. You might end up in jail. You’re our concern. Let’s do this legally,” De Los Santos told City Health officials.
Dr. Ilya Tac-an, head of the CHD’s sexually-transmitted diseases section, said the program is primarily aimed at preventing the spread of human immuno virus (HIV).
Unaware
She said 79 percent of cases of HIV in Cebu City involve users of syringes that are shared with persons who have tested positive of HIV.
The City Anti-Drug Abuse Council (CADAC) opposed the program.
“We are opposing the program, we are unaware of the details of its implementation. It’s promoting drug use although the idea is to stop the spread of HIV disease,” said lawyer Clarence Paul Oaminal, CADAC consultant.
But Tac-an defended the program saying it doesn’t promote illegal drug use.
“It won’t promote drug use. Even if we don’t distribute, people will continue to die because they use infected needles and syringes,” Tac-an told the council.
She said their program is covered by a resolution from the Dangerous Drugs Board (DDB) as well as a Memorandum of Agreement (MOA).
After last week’s session, the council requested the CHD to submit to the council a copy of the agreement.
They also want a copy of the DDB resolution and a full copy of the CHD’s Harm Reduction Program for review and evaluation.