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COMMONWEALTH v. LANDRY

438 Mass. 206 (2002)

COMMONWEALTH v. MARIA LANDRY.

Supreme Judicial Court of Massachusetts, Essex.

December 6, 2002.

Attorney(s) appearing for the Case

Sarah R. Wunsch (Alicia L. Young, of New York, with her) for the defendant.

Daniel I. Smulow, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Donna Levin & Edmund J. Sullivan, III, for Department of Public Health.

Bennett H. Klein for Infectious Diseases Society of America & others.

James Lamanna for city of Lynn & others.

Cristina Beamud, Mary Jo Harris, Ralph C. Martin, II, Russell Sienkiewicz, Schuyler Meyer, & George F. McLean for Ralph C. Martin, II, & others.

David G. Evans & Michael O. Dermody for Lea Palleria Cox & others.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

In 1993, the Legislature authorized the Department of Public Health (department) to implement a pilot needle exchange program in cities and towns that grant local approval.1 See G. L. c. 111, § 215, inserted by St. 1993, c. 110, § 148. Participants in such a program may exchange used syringes and hypodermic needles for sterile ones at program locations and may gain access...

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