See General Abbott's opinion.
I'm not a lawyer, but I find the stance ridiculous. The Legislature authorized a needle exchange pilot in Bexar County, which by definition involves allowing needles to be exchanged with addicts. But according to Abbott, because:
the Legislature has expressly demonstrated its ability and willingness to exclude otherwise criminal acts from prosecution under the Texas Controlled Substances Act--but did not do so here--this office can neither assume nor legislate such an intent.So in other words, Abbott believes the Legislature intended to allow a needle exchange program in San Antonio but simultaneously intended for participants - both addicts and government employees - to be prosecuted for engaging in it. That's angeringly stupid, but there's little to be done about it until the Legislature gets back to town. Personally, I think Wentworth should have eschewed the opinion and just let the county launch the program. Often in such matters, it's better to ask forgiveness than permission.
Needle exchange legislation in 2007 enjoyed bipartisan support, and its main opponent in the House of Representatives, Dianne Delisi, won't be back next year, so I suspect the pilot won't have trouble passing again. In fact, I wouldn't be surprised if other counties (like Travis) wanted in on the deal. For now, though, Abbott and Reed have succeeded in delaying the project, though for the life of me I don't understand their motives.