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History
- Recommit, enacting clause stricken
- Referred to codes
Full text
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Sponsor's memo
BILL NUMBER:S2220
Title of bill
An act to amend the penal law, in relation to criminal possession of a controlled substance in the seventh degree; to amend the general business law, in relation to drug-related paraphernalia; to amend the public health law, in relation to the sale and possession of hypodermic syringes and needles; and to repeal section 220.45 of the penal law relating to criminally possessing a hypodermic instrument
Purpose
To decriminalize the possession and sale of hypodermic needles and syringes and to allow pharmacies and healthcare agencies registered with the state ESAP program to remove the limit of syringes per transaction and remove the ban on program advertising.
Summary of provisions
Section 1 amends section 220.03 of the penal law as amended by chapter 154 of the laws of 2011.
Section 2 repeals section 220.45 of the penal law.
Section 3 amends the general business law by adding a new subsection b: Drug-related paraphernalia" shall not include hypodermic needles, hypodermic syringes and other objects used for the purpose of parenter-ally injecting controlled substances into the human body.
Section 4 amends the public health law by adding decriminalizing the sale of a hypodermic syringe or hypodermic needle by an organization authorized by the commissioner to conduct a syringe exchange program. Omits the cap of ten syringes per individual. Adds subsection (i) to subdivision e which requires the commissioner of health to have standards for advertising to the public the availability for retail sale or furnishing or hypodermic syringes or needles.
Justification
Syringe access programs across our State have proven to be highly effective public health measures in helping to reduce the rate of HIV and hepatitis transmissions across our State. Current state law prevents individuals from accessing harm reduction services, in turn contributing to the spread of these epidemics.
While the state funds the distribution of millions of syringes per year as a public health measure, police in some jurisdictions continue to arrest thousands of people each year for syringe possession. This deters people from accessing services and from returning used syringes for safe disposal. The decriminalizing the possession and sale of hypodermic needles and syringes has the potential to stop the counterproductive use of law enforcement resources and ultimately lower the spread of HIV/AIDS and hepatitis infections.
This bill seeks to strengthen and expand syringe access by allowing pharmacies and healthcare agencies, registered with the state ESAP program, to provide syringes without a cap. It would also allow these
entities to promote this program abiding the Commissioner of Health's rules and regulations. This would allow individuals with HIV/AIDS and Hepatitis who are unfamiliar with the ESAP program to enroll and ultimately stop the potential spread of these epidemics.
Legislative history
New Bill.
Fiscal implications
Negligible.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.