syringe access laws in california g lenn b ackes p ublic p olicy r esearch & c onsulting b...
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Syringe Access Laws in California
GLENN BACKESPUBLIC POLICY RESEARCH &
CONSULTINGBEAUTIFUL SACRAMENTO,
CALIFORNIA
Syringe Access Laws in California
ARE KIND OF A MESS
Syringe Exchange• Syringe exchanges may only exist where
a local government votes to authorize them• A city or county government may
authorize
Syringe Exchange• Program staff and volunteers are
protected from arrest for distribution or possession• The state laws regarding syringe
exchange DO NOT PROTECT PARTICIPANTS from arrest or prosecution
Syringe Exchange• State law does not mention or
mandate a cap on the number of syringes that may be distributed
Pharmacy Sale & Syringe Possession
• Some laws are temporary, till last day of 2018• Some laws are subject to local
approval• Some laws are permanent and
statewide
Pharmacy Sale & Syringe Possession
Temporary & Localized
• Until December 31, 2018, local governments may authorize pharmacies within their jurisdiction to furnish or sell 10 or fewer syringes to an adult without a prescription. (Pursuant to Health & Safety Code)
Pharmacy Sale & Syringe Possession
Temporary & Localized
• Until December 31, 2018, adults within those jurisdictions may legally possess 10 or fewer syringes solely for personal use if acquired by from a lawful source (Health & Safety Code)
Pharmacy Sale & Syringe Possession
Statewide & Permanent
• Business & Professions Code 4140: No person shall possess or have under his or her control any hypodermic needle or syringe except when acquired in accordance with this article
Pharmacy Sale & Syringe Possession
Statewide & Permanent
• Syringes in a red-box or a disposal container are not drug paraphernalia. There should never be a prosecution for used syringes in a red-box.
Pharmacy Sale & Syringe Possession
Statewide & PermanentH&S 11364 Paraphernalia misdemeanor:
“This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste. “
Pharmacy Sale & Syringe Possession
Permanent & Statewide
B&P 4148: All stocks of hypodermic needles or syringes shall be confiscated if found outside the licensed premises of any person holding a permit under Section 4141 . . . .
Pharmacy Sale & Syringe Possession
Permanent & Statewide
In 2004 we repealed requirements that pharmacists must see ID for persons seeking non-prescription syringes, and that all pharmacists must keep a written log of persons purchasing non-prescription syringes, including name, address, form of ID, etc…
The Patchwork• Anyone leaving a jurisdiction where
they legally acquired syringes, but passing into a jurisdiction without legal access can be arrested for those syringes• Example—Syringes are legal in the
City of Sacramento, but not the County of Sacramento
The Patchwork• Some syringe exchange programs
operate in cities or counties that have also authorized pharmacy sale and personal possession of up to 10• Their program participants are
protected from arrest for 10 or fewer syringes, under state law
The Patchwork• Some syringe exchange programs
operate in cities or counties that have NOT authorized pharmacy sale of syringes and personal possession• Their participants can be arrested
walking out the door • Examples: City of San Diego, County of
Shasta
What’s Next• Drug Policy Alliance sponsored two
bills last year• They passed both houses of the
legislature, and were vetoed by Governor Arnold A. Schwarzenegger• Bringing them back for Governor Jerry
Brown
What’s NextPharmacy Sale & Possession
• Statewide pharmacy sale and possession of up to 30• Amend confiscation law• Repeal B&P 4140• No sunset (if we can avoid it)
What’s NextSyringe exchange
• To allow the State Dept of Public Health to authorize SEP wherever the conditions merit, and a program provides a good application• To protect program participants from
arrest for syringe possession as well as staff & volunteers
Thank youLaura Thomas, DPA
Meghan Ralston, DPAEthan Nadelmann, DPAStephen Gutwillig, DPAAlessandra Ross, CDPHKathy Mossburg, SFAFMartha Saly, CalHEP
Michele Peterson, CalHEPValerie Rose, Ph.D.
Ricky Bluthenthal, Ph.D.Alex Kral, Ph.D.
Terry Hair, D. Pharm, CNNHilary McQuie, HRC
State Senator John Vasconcellos, RetiredState Senator Leland Yee
State Assemblymember Bob BlumenfieldState Assemblymember John Laird, RetiredState Assemblymember Patty Berg, Retired
State Assemblymemer Terry Mazzoni, RetiredGovernor Arnold A. Schwarzenegger (and goodbye)
Syringe Access Laws in California
GLENN BACKESPUBLIC POLICY RESEARCH & CONSULTING
BEAUTIFUL SACRAMENTO, CALIFORNIA
[email protected] 202 2538