Provides an exemption to the crime of criminal possession of a controlled substance upon the possession of residual amounts of such in a hypodermic syringe or needle

1 Co-sponsor

• Liz Krueger

Title of bill

An act to amend the penal law, in relation to residual amounts of a controlled substance

Purpose

To promote the public health policy of legal clean syringes and safe disposal by protecting individuals who possess syringes from being arrested on grounds that the used syringe contains residual amounts of controlled substances.

Summary of provisions

Amends the penal law to add a new section, 220.30. A person shall not be guilty of criminal possession of a controlled substance when that residual amount is in a hypodermic syringe lawfully possessed under the public health law.

Existing law

New bill

Justification

NYS law has allowed legal syringe possession through state programs and from authorized facilities. (§ 3381 of the public health law). After use, the syringe contains residual amounts of the used controlled substance. This bill would eliminate the possibility of persons possessing those syringes being subject to prosecution and would encourage appropriate disposal. Promoting the use and proper disposal of clean legal syringes is an important part of New York State's public health strategy to combat the spread of HIV and other infections. This bill will help support that policy and help save lives.

Legislative history

This is a new bill.

Fiscal implications

Nominal reductions in criminal justice costs resulting from fewer arrests.

Local fiscal implications

None

Effective date

Immediately.