California Syringe Access Laws As of January 1, 2008 (pdf)
California Senate Bill 1159
California Senate Bill 1159 permits over-the-counter sales of up to 10 syringes in counties and cities that elect to participate in the statewide Disease Prevention Demonstration Project.
In 2004, California joined the list of states allowing nonprescription syringe sales when Governor Arnold Schwarzenegger signed SB 1159 (Vasconcellos) into law. Since the enactment of SB 1159, 15 counties (Alameda, Contra Costa, Humboldt, Los Angeles, Marin, Sacramento, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, Yolo, Yuba) and 4 cities (Los Angeles, Sacramento, San Francisco, and West Hollywood) have authorized non-prescription syringe sales as of August 2006, and a number of others are considering it.
In addition to allowing for the purchase of syringes, SB1159 provides that any number of used syringes, if they are containerized “for safe disposal” will not be considered illegal drug paraphernalia.
California Assembly Bill 547
California Assembly Bill 547 permits needle exchange programs. In 2005, Assembly Bill 547 was signed into law, eliminating a section of state law requiring
cities and counties to declare a health emergency every two weeks to justify continuing needle exchange programs.
Sponsored by Assembly member Patty Berg (D-Eureka), AB 547 made it easier for cities and counties to maintain needle exchange programs to combat the spread of HIV and hepatitis C.
California Senate Bill 1305
California Senate Bill 1305 requires safe community needle disposal. In July 2006, Governor Schwarzenegger signed SB 1305 -- The Medical Waste Management Act, authored by Senator Liz Figueroa (D-Fremont), making it one of three states to forbid the
placement of used needles in the household trash.
The intent of this new law is that no syringes are discarded in the trash or in public locations such as parks, buildings, or the streets, and it compels local communities to develop user-friendly programs that encourage individuals to place used syringes in containers that are collected for treatment as medical
waste.
Public health agencies and groups that work with injection drug users (IDUs) must be aware of the legal barriers faced by IDUs in safely disposing of syringes, and work to encourage IDUs to participate in community syringe disposal programs and syringe exchange programs.
California Assembly Bill 110
California Assembly Bill 110 allows the use of state funds for syringes. Previously, State Department of Health Services policy allowed state HIV prevention and education funds to be used for costs associated with authorized needle exchange programs — except for the purchase of sterile needles and syringes.
With the passage of AB 110, authored by Assembly member John Laird (D-Santa Cruz), local governments are now allowed to use state General Funds for the purchase of syringes as part of authorized needle and syringe exchange programs.
Conditions on syringe purchase include that the amount spent cannot be more than 7.5 percent of the total received for HIV prevention and education; each $1 of HIV Prevention and Education money must be matched by 43 cents of non-state money; the use of that money for syringes must be based on epidemiological data as reported in the local HIV prevention plan; and annual reports submitted to local governments regarding syringe exchange must also address the use of these public funds for the purchase of syringes.
Harm Reduction Coalition
phone: 510-444-6969
fax: 510-444-6977
Technical Assistance Program
www.harmreduction.org