Exclude

Training Guide

Alternatives to Public Injections

Legal Issues & Reforms

The DCRs in Germany were able to rely on the health laws, criminal code and international drug conventions to obtain legal status from the high court. There were no similar legal provisions in Canadian or Australian laws. 

In Canada, authority over drug laws falls under the federal government. Insite pursued an exemption from the drug control laws through a “Section 56” waiver under a research pilot. As they continued to operate, they relied on the local police to utilize discretion and not enforce the laws prohibiting drug possession. The SIF is now considered to be a healthcare facility. 

Similarly in Australia, there were no provisions for legally possessing controlled substances in the SIF or in the area surrounding it. To prevent arrests the Sydney MSIC obtained temporary exemptions, which expired every two years and required bi-annual re-certifications. It took 9 years to secure a longer-term exemption. 

In both Canada and Australia, establishing SIFs as research projects became a limiting factor, preventing their expansion beyond single, stand-alone facilities. However, participants acknowledged that utilizing a research exemption strategy was probably the only feasible path that initially allowed them to reopen. Efforts are underway to expand into different cities and integrate SIFs into clinical settings.