Amid the intensification of potent and perilous street drugs, a Manhattan-based nonprofit, OnPoint NYC, has drawn nationwide attention from policymakers and health officials grappling with the opioid crisis, as they explore innovative measures for prevention. Nevertheless, the leading federal prosecutor in Manhattan is raising concerns over the legality of the organization’s approach, indicating a potential crackdown that could bring an end to their efforts.
The nonprofit employs a distinctive approach referred to as supervised consumption, which entails allowing individuals to use illicit drugs within designated centers, under the vigilant supervision of nonprofit staff who can intervene in case of emergencies. On Tuesday, OnPoint NYC reported that their two overdose prevention centers have successfully reversed over 1,000 overdoses since their inception more than a year and a half ago. This initiative has gained particular significance as the drug supply becomes increasingly contaminated with the highly dangerous opioid, fentanyl.
The centers, situated in East Harlem and Washington Heights, received authorization from City Hall in 2021, making them the sole openly operating supervised consumption sites in the United States. Extensive research spanning more than a hundred such facilities in other countries, some with decades of operation, has indicated their efficacy in reducing public drug use and lowering mortality rates.
However, a significant shift in tone emerged on Monday evening. In response to an inquiry, Damian Williams, the U.S. attorney for the Southern District of New York, issued a warning that contrasts sharply with the more lenient stance the Biden administration had been signaling. Williams emphasized that until New York authorities formally authorize the supervised consumption sites, they remain in violation of federal, state, and local laws.
Williams stated, “That is unacceptable. My office is prepared to exercise all options — including enforcement — if this situation does not change in short order.”
The legal concerns surrounding the centers stem from the consumption of controlled substances, including fentanyl and crack, which are prohibited, and are further compounded by a federal statute known as the “crack house statute,” which prohibits maintaining property where controlled substances are consumed.
While the Trump administration previously sought legal action to block a similar center in Philadelphia in 2019, resulting in ongoing litigation, OnPoint’s supervised consumption sites have operated uninterruptedly for 21 months, with the awareness of local, state, and federal authorities.
