I think the starting point in answering that question is to really ask ourselves why this isn't being considered as a public health issue first and foremost. Egale's position, which is entirely consistent with that of the community consensus statement, is based on the opinions of medical and legal experts and members of the community as to what will best comport with achieving the optimal health outcomes and with the general perspective that the use of the criminal law should be most exceptional in this circumstance, if at all.
On May 14th, 2019. See this statement in context.