Commonwealth v. Leno

Massachusetts is one of ten States that prohibit distribution of hypodermic needles without a prescription.2 G. L. c. 94C, §§ 27, 38 (1990 ed.). In the face of those statutes the defendants operated a needle exchange program in an effort to combat the spread of acquired immunodeficiency syndrome (AIDS). As a result, the defendants were charged with and convicted of (1) unauthorized possession of instruments to administer controlled substances, and (2) unlawful distribution of an instrument to administer controlled substances, in violation of G. L. c. 94C, § 27 (1990 ed.). On appeal, the…