Syringe Access Laws in California G LENN B ACKES P UBLIC P OLICY R ESEARCH & C ONSULTING B EAUTIFUL S ACRAMENTO, C ALIFORNIA.

Syringe Access Laws in California

GLENN BACKESPUBLIC POLICY RESEARCH &

CONSULTINGBEAUTIFUL SACRAMENTO,

CALIFORNIA

Syringe Access Laws in California

ARE KIND OF A MESS

Syringe Exchange• Syringe exchanges may only exist where

a local government votes to authorize them• A city or county government may

authorize

Syringe Exchange• Program staff and volunteers are

protected from arrest for distribution or possession• The state laws regarding syringe

exchange DO NOT PROTECT PARTICIPANTS from arrest or prosecution

Syringe Exchange• State law does not mention or

mandate a cap on the number of syringes that may be distributed

Pharmacy Sale & Syringe Possession

• Some laws are temporary, till last day of 2018• Some laws are subject to local

approval• Some laws are permanent and

statewide

Pharmacy Sale & Syringe Possession

Temporary & Localized

• Until December 31, 2018, local governments may authorize pharmacies within their jurisdiction to furnish or sell 10 or fewer syringes to an adult without a prescription. (Pursuant to Health & Safety Code)

Pharmacy Sale & Syringe Possession

Temporary & Localized

• Until December 31, 2018, adults within those jurisdictions may legally possess 10 or fewer syringes solely for personal use if acquired by from a lawful source (Health & Safety Code)

Pharmacy Sale & Syringe Possession

Statewide & Permanent

• Business & Professions Code 4140: No person shall possess or have under his or her control any hypodermic needle or syringe except when acquired in accordance with this article

Pharmacy Sale & Syringe Possession

Statewide & Permanent

• Syringes in a red-box or a disposal container are not drug paraphernalia. There should never be a prosecution for used syringes in a red-box.

Pharmacy Sale & Syringe Possession

Statewide & PermanentH&S 11364 Paraphernalia misdemeanor:

“This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste. “

Pharmacy Sale & Syringe Possession

Permanent & Statewide

B&P 4148: All stocks of hypodermic needles or syringes shall be confiscated if found outside the licensed premises of any person holding a permit under Section 4141 . . . .

Pharmacy Sale & Syringe Possession

Permanent & Statewide

In 2004 we repealed requirements that pharmacists must see ID for persons seeking non-prescription syringes, and that all pharmacists must keep a written log of persons purchasing non-prescription syringes, including name, address, form of ID, etc…

The Patchwork• Anyone leaving a jurisdiction where

they legally acquired syringes, but passing into a jurisdiction without legal access can be arrested for those syringes• Example—Syringes are legal in the

City of Sacramento, but not the County of Sacramento

The Patchwork• Some syringe exchange programs

operate in cities or counties that have also authorized pharmacy sale and personal possession of up to 10• Their program participants are

protected from arrest for 10 or fewer syringes, under state law

The Patchwork• Some syringe exchange programs

operate in cities or counties that have NOT authorized pharmacy sale of syringes and personal possession• Their participants can be arrested

walking out the door • Examples: City of San Diego, County of

Shasta

What’s Next• Drug Policy Alliance sponsored two

bills last year• They passed both houses of the

legislature, and were vetoed by Governor Arnold A. Schwarzenegger• Bringing them back for Governor Jerry

Brown

What’s NextPharmacy Sale & Possession

• Statewide pharmacy sale and possession of up to 30• Amend confiscation law• Repeal B&P 4140• No sunset (if we can avoid it)

What’s NextSyringe exchange

• To allow the State Dept of Public Health to authorize SEP wherever the conditions merit, and a program provides a good application• To protect program participants from

arrest for syringe possession as well as staff & volunteers

Thank youLaura Thomas, DPA

Meghan Ralston, DPAEthan Nadelmann, DPAStephen Gutwillig, DPAAlessandra Ross, CDPHKathy Mossburg, SFAFMartha Saly, CalHEP

Michele Peterson, CalHEPValerie Rose, Ph.D.

Ricky Bluthenthal, Ph.D.Alex Kral, Ph.D.

Terry Hair, D. Pharm, CNNHilary McQuie, HRC

State Senator John Vasconcellos, RetiredState Senator Leland Yee

State Assemblymember Bob BlumenfieldState Assemblymember John Laird, RetiredState Assemblymember Patty Berg, Retired

State Assemblymemer Terry Mazzoni, RetiredGovernor Arnold A. Schwarzenegger (and goodbye)

Syringe Access Laws in California

GLENN BACKESPUBLIC POLICY RESEARCH & CONSULTING

BEAUTIFUL SACRAMENTO, CALIFORNIA

[email protected] 202 2538