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History
- Notice of committee consideration - requested
- Print number 4099a
- Amend and recommit to codes
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Decriminalizes the possession and sale of hypodermic needles and syringes; repealer
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 provide expanded access to the possession and sale of hypodermic syringes and needles and to allow pharmacies and healthcare agencies registered under ESAP to remove the limit on the sale of hypodermic syringes and needles per transaction and the ban on program advertising.
Summary of provisions
Section 1 amends Penal Law sec. 220.03 in relation to residual amounts of a controlled substance in or on a hypodermic syringe or needle.
Section 2 repeals Penal Law sec. 220.45.
Section 3 amends the General Business Law by adding a new subparagraph (b) excluding hypodermic needles and syringes from the definition of "Drug-related paraphernalia".
Section 4 amends the Public Health Law by: decriminalizing the sale of a hypodermic syringe or needle by an organization authorized by the Commissioner to conduct a syringe exchange program; omitting the cap on sale of ten syringes per individual; and, adds subparagraph (i) to subdivision 4(e) requiring the Commissioner of Health to develop standards for advertising availability for retail sale or furnishing of hypodermic syringes or needles.
Justification
Syringe access programs across NYS have proven to be highly effective public health measures in helping to reduce the rate of HIV and hepatitis transmissions. 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.