Are used syringes that are just cleaned out with water a misdemeanor, or felony? I live in California.
California has a "carry 10" law. Anyone can legally possess up to 10 clean syringes. Well, ok, not exactly: The pharmacy can legally sell you 10 w/o a prescription.
As I understand it, once you have them, it is a combination of local ordinance and officer discretion that determines whether you're arrested. I would think that if there is no visible residue, most officers will choose to ignore it, unless they have some reason to mess with you. Part of it is that patrol officers and detectives (even more so) take their cues from local prosecutors. Most, I believe, do not make syringes a priority, especially given California state law.
This is a quote from a secondary source which came up top of a google search for california syringe law (american bar association may still have a section of their website devoted to syringe law in the USA, and I know there are other threads about it on BL):
http://www.syringeaccess.com/overview.htm said:
Background Information about Senate Bill (SB) 1159 (Vasconcellos)In 2004, Governor Schwarzenegger signed into law SB 1159, which allows California pharmacies, when authorized by a local government, to sell up to ten (10) syringes to an adult without a prescription. Physicians, nurses, pharmacists, healthcare workers, AIDS and liver disease educators supported the law, which incurs no new costs. Without local ordinances, the sale and possession of syringes without a prescription remains illegal under the law.
More, from a research article funded by CA's dept. of pub health:
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2900565/ said:
For county and city governments that opt-in to the DPDP, pharmacies that register with the local government can sell up to ten syringes to adults (18 years of age or older) without a medical prescription. In addition, local governments can require pharmacies that participate in the DPDP to provide information on syringe disposal, drug treatment, infectious disease testing, and other medical and social services. Lastly, in DPDP locales, adults may legally possess up to ten syringes without a prescription provided that these syringes were obtained from an authorized source (i.e., registered pharmacy or legal SEP).
--Cooper, et al. 2010. "Pharmacy Participation in Non-Prescription Syringe Sales in Los Angeles and San Francisco Counties, 2007." J Urban Health 87(4): 543–552.
Interesting post BP..
Being high isn't a crime, either.
This is the only part I disagree with: in california it
is a crime: being under the influence of a controlled substance. It's a mandatory 90 days (most of which can be suspended). I've been hit with this before...
Syringes are paraphinalia. Misdemeanor. They knew what were doing (obviously), and let me keep all my rigs, swabs, tournequits, etc. [...] They were actually pretty fascinated wit the whole exchange thing, so I spent a good two hours talking to one of the cops about the benefits of exchanges and [...] with th eexception of a couple of them, the cops were all pretty cool actally. Let me keep my rigs, didn't find two of the other bags I had stashed.
Interesting. Might seem hard to believe, but I've had similar experiences. Usually I've found older (that's my theory and experience anyway) police to not really go all badass on me, but just be chill and act like it's just a job, sometimes just treating you like you're a customer in a store or something who they have to process, or even like a person who might be interesting. Suppose it helps if one takes the same attitude toward them. My job is junkie, drug dealer, etc., and today we happen to be working together.