Needle exchange and drug paraphenalia

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Missykins

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Question for the group:

What happens if you are a registered member of a needle exchange program and you are caught with a syringe? Are you charged with possession of paraphenalia or only if you have drugs with you as well?
 
This is slightly confusing. New Jersey does have a valid Needle Exchange program. That means that exchanges are allowed to operate, I'm guessing as a NPO.

But, the law, imposed by statute, in NJ says that syringes both require a prescription and must be obtained at a pharmacy.

With this in mind, if you got caught with a syringe in that state my guess is that you would be charged with possessing drug paraphernalia. Unless you can prove with a prescription that you require them for insulin or something similar. I doubt that cops would accept being registered with an exchange program as a valid reason.
 
I contacted the NE program in my county to learn that if you are registered you CAN carry needles, but if you're caught with needles and drugs, they become paraphenalia.
 
I can't speak for NJ, but here in Philly you get a card that says you could be in possession of new unopened syringes. It's only good for PA, so if you're caught outside of the city you could be charged.


Oh, you need a script to obtain syringes in PA, even in Philly.
 
^It's true. I had a card.

They usually don't do anything if they catch you with needles in Philly, although I have heard of it happening.
 
Needle law

Was going to post the same question 'cause I'm heading to the exchange tomorrow.

I live in NY state and was busted last winter for possession. Aside from having H, some pharms and a stem the arresting officers claimed it was illegal to carry the needle i had in my coat as it was paraphenelia. Long story short they threw away the stem and the syringe and just charged me with possession in the 7th (My third) and got off with outpatient rehab.

Here's what I found:

"A number of states, including Connecticut, Hawaii, Maine, Minnesota, New Hampshire, New Mexico, New York, Rhode Island, and Washington, have deregulated the purchase and possession of syringes as part of an effort to slow the HIV epidemic among IDUs." -http://www.medscape.com/viewarticle/446813_4
 
Drug laws are extremely schizophrenic. You can have a syringe, but if you have a syringe and drugs at the same time, that legally-obtained syringe now becomes paraphenalia.

Who am I to understand?
 
^
much of criminal law revolves around what a person was thinking or intended. if somone is caught with a syringe AND drugs, this may be an indicator that a person was planning to use the syringe for illegal purposes, in the same way that possession of bags, scale, and loose cash WITH drugs may an indicator of intent to sell or distribute the drugs.
 
I know here in Florida you can just go to your local pharmacy and just ask for syringes and they dont ask for prescription or anything, just let you buy them.
 
Banquo said:
^
much of criminal law revolves around what a person was thinking or intended. if somone is caught with a syringe AND drugs, this may be an indicator that a person was planning to use the syringe for illegal purposes, in the same way that possession of bags, scale, and loose cash WITH drugs may an indicator of intent to sell or distribute the drugs.
Click to expand...


That's certainly no stretch of imagination...
 
New York state-

" § 220.45 Criminally possessing a hypodermic instrument.
A person is guilty of criminally possessing a hypodermic instrument
when he knowingly and unlawfully possesses or sells a hypodermic syringe
or hypodermic needle.
Criminally possessing a hypodermic instrument is a class A
misdemeanor."
Click to expand...

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Do you know FOR SURE that this is the only criminal code section in NY that deals with needles? If not, there could be other sections which provide exceptions to § 220.45, and the above would be misleading without knowing all the applicable sections and reading them together. Can you (or others) look for them please? Otherwise, or unless this is the only needle-related code section, I can't leave this post displayed. -Johnny1
 
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Johnny1-

I just did a search through the NYS penal code and the only hit I got was for that section but I will call a lawer friend to make sure.

I suppose the police could also consider a syringe a deadly weapon or some such thing if you were being difficult.

I do buy my syringes at a local Walgreens and the clerk there claims no knowledge of law, just that she has to sell them to me.
 
Arizona doesnot require a script for needles and does not have a needle exchange program however I was arrested for possession of drug paraphranalia (5 syringe/needle combos). I was in possession of nothing else.

'Catch 22' at its finest.
 
Whatchamacallit said:
Arizona doesnot require a script for needles and does not have a needle exchange program however I was arrested for possession of drug paraphranalia (5 syringe/needle combos). I was in possession of nothing else.

'Catch 22' at its finest.
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How did that happen?
 
Cops looking to make add an arrest to his credit, simple as that. Like they have nothing better to do.

Luckily I was never even indicted, so never formally charged.
 
Whatchamacallit said:
Cops looking to make add an arrest to his credit, simple as that. Like they have nothing better to do.

Luckily I was never even indicted, so never formally charged.
Click to expand...


I had a similar experience: no drugs, valid medical and DEA license, but still charged.
 
^ As a group, cops are not particularly intelligent, and most of the time they are just doing what they believe is right for society. They don't know the law very well. They may be causing harm, but that's not their intent. Of course, there are exceptions on both the good and bad sides.
 
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