S T A T E O F N E W Y O R K
________________________________________________________________________
868
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. GOTTFRIED, L. ROSENTHAL, DE LA ROSA, WALKER,
WEPRIN, DINOWITZ, BRONSON, ABINANTI, JOYNER, STECK, SIMON, GLICK,
AUBRY, FERNANDEZ, CRUZ, EPSTEIN, REYES -- Multi-Sponsored by -- M. of
A. BRAUNSTEIN, CARROLL, COOK, HEVESI, HYNDMAN, KIM, NIOU, RICHARDSON
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal possession of a
controlled substance in the seventh degree; to amend the general busi-
ness law, in relation to drug-related paraphernalia; to amend the
public health law, in relation to the sale and possession of hypoderm-
ic syringes and needles; and to repeal section 220.45 of the penal law
relating to criminally possessing a hypodermic instrument
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 220.03 of the penal law,
as amended by section 4 of part I of chapter 57 of the laws of 2015, is
amended to read as follows:
A person is guilty of criminal possession of a controlled substance in
the seventh degree when he or she knowingly and unlawfully possesses a
controlled substance; provided, however, that it shall not be a
violation of this section when a person possesses a residual amount of a
controlled substance and that residual amount is in or on a hypodermic
syringe or hypodermic needle [obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law, which includes
the state's syringe exchange and pharmacy and medical provider-based
expanded syringe access programs]; nor shall it be a violation of this
section when a person's unlawful possession of a controlled substance is
discovered as a result of seeking immediate health care as defined in
paragraph (b) of subdivision three of section 220.78 of [the penal law]
THIS ARTICLE, for either another person or him or herself because such
person is experiencing a drug or alcohol overdose or other life threat-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00186-01-1
A. 868 2
ening medical emergency as defined in paragraph (a) of subdivision three
of section 220.78 of [the penal law] THIS ARTICLE.
§ 2. Section 220.45 of the penal law is REPEALED.
§ 3. Subdivision 2 of section 850 of the general business law, as
amended by chapter 812 of the laws of 1980, is amended to read as
follows:
2. (A) "Drug-related paraphernalia" consists of the following objects
used for the following purposes:
[(a)] (I) Kits, used or designed for the purpose of planting, propa-
gating, cultivating, growing or harvesting of any species of plant which
is a controlled substance or from which a controlled substance can be
derived;
[(b)] (II) Kits, used or designed for the purpose of manufacturing,
compounding, converting, producing, or preparing controlled substances;
[(c)] (III) Isomerization devices, used or designed for the purpose of
increasing the potency of any species of plant which is a controlled
substance;
[(d)] (IV) Scales and balances, used or designed for the purpose of
weighing or measuring controlled substances;
[(e)] (V) Diluents and adulterants, including but not limited to
quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or
designed for the purpose of cutting controlled substances;
[(f)] (VI) Separation gins, used or designed for the purpose of remov-
ing twigs and seeds in order to clean or refine marihuana;
[(g) Hypodermic syringes, needles and other objects, used or designed
for the purpose of parenterally injecting controlled substances into the
human body;
(h)] AND
(VII) Objects, used or designed for the purpose of ingesting, inhal-
ing, or otherwise introducing marihuana, cocaine, hashish, or hashish
oil into the human body.
(B) "DRUG-RELATED PARAPHERNALIA" SHALL NOT INCLUDE HYPODERMIC NEEDLES,
HYPODERMIC SYRINGES AND OTHER OBJECTS USED FOR THE PURPOSE OF PARENTER-
ALLY INJECTING CONTROLLED SUBSTANCES INTO THE HUMAN BODY.
§ 4. Section 3381 of the public health law, as amended by section 9-a
of part B of chapter 58 of the laws of 2007, subdivisions 1, 2 and 3 as
amended by chapter 178 of the laws of 2010, paragraphs (e), (f) and (g)
of subdivision 5 as amended by section 2 of part D of chapter 71 of the
laws of 2016, is amended to read as follows:
§ 3381. Sale and possession of hypodermic syringes and hypodermic
needles. 1. It shall be unlawful for any person to sell or furnish to
another person or persons, a hypodermic syringe or hypodermic needle
except:
(a) pursuant to a prescription of a practitioner, which for the
purposes of this section shall include a patient specific prescription
form as provided for in the education law; or
(b) to persons who have been authorized by the commissioner to obtain
and possess such instruments; or
(c) by a pharmacy licensed under article one hundred thirty-seven of
the education law, health care facility licensed under article twenty-
eight of this chapter or a health care practitioner who is otherwise
authorized to prescribe the use of hypodermic needles or syringes within
his or her scope of practice; provided, however, that such sale or
furnishing: (i) shall only be to a person eighteen years of age or
older; AND (ii) [shall be limited to a quantity of ten or less hypoderm-
A. 868 3
ic needles or syringes; and (iii)] shall be in accordance with subdivi-
sion [five] FOUR of this section[.] ; OR
(D) UNDER SUBDIVISION THREE OF THIS SECTION.
2. [It shall be unlawful for any person to obtain or possess a hypo-
dermic syringe or hypodermic needle unless such possession has been
authorized by the commissioner or is pursuant to a prescription, or is
pursuant to subdivision five of this section.
3.] Any person selling or furnishing a hypodermic syringe or hypoderm-
ic needle pursuant to a prescription shall record upon the prescription,
his or her signature or electronic signature, and the date of the sale
or furnishing of the hypodermic syringe or hypodermic needle. Such
prescription shall be retained on file for a period of five years and be
readily accessible for inspection by any public officer or employee
engaged in the enforcement of this section. Such prescription may be
refilled not more than the number of times specifically authorized by
the prescriber upon the prescription, provided however no such authori-
zation shall be effective for a period greater than two years from the
date the prescription is signed.
[4] 3. The commissioner shall, subject to subdivision [five] FOUR of
this section, designate persons, or by regulation, classes of persons
who may obtain hypodermic syringes and hypodermic needles without
prescription and the manner in which such transactions may take place
and the records thereof which shall be maintained.
[5] 4. (a) A person eighteen years of age or older may obtain and
possess a hypodermic syringe or hypodermic needle pursuant to paragraph
(c) of subdivision one of this section.
(b) Subject to regulations of the commissioner, a pharmacy licensed
under article one hundred thirty-seven of the education law, a health
care facility licensed under article twenty-eight of this chapter or a
health care practitioner who is otherwise authorized to prescribe the
use of hypodermic needles or syringes within his or her scope of prac-
tice, may obtain and possess hypodermic needles or syringes for the
purpose of selling or furnishing them pursuant to paragraph (c) of
subdivision one of this section or for the purpose of disposing of
them[, provided that such pharmacy, health care facility or health care
practitioner has registered with the department].
(c) Sale or furnishing of hypodermic syringes or hypodermic needles to
direct consumers pursuant to this subdivision by a pharmacy, health care
facility, or health care practitioner shall be accompanied by a safety
insert. Such safety insert shall be developed or approved by the commis-
sioner and shall include, but not be limited to, (i) information on the
proper use of hypodermic syringes and hypodermic needles; (ii) the risk
of blood borne diseases that may result from the use of hypodermic
syringes and hypodermic needles; (iii) methods for preventing the trans-
mission or contraction of blood borne diseases; (iv) proper hypodermic
syringe and hypodermic needle disposal practices; (v) information on the
dangers of injection drug use, and how to access drug treatment; (vi) a
toll-free phone number for information on the human immunodeficiency
virus; and (vii) information on the safe disposal of hypodermic syringes
and hypodermic needles including the relevant provisions of the environ-
mental conservation law relating to the unlawful release of regulated
medical waste. The safety insert shall be attached to or included in the
hypodermic syringe and hypodermic needle packaging, or shall be given to
the purchaser at the point of sale or furnishing in brochure form.
(d) In addition to the requirements of paragraph (c) of subdivision
one of this section, a pharmacy licensed under article one hundred thir-
A. 868 4
ty-seven of the education law may sell or furnish hypodermic needles or
syringes only if such pharmacy[: (i) does not advertise to the public
the availability for retail sale or furnishing of hypodermic needles or
syringes without a prescription; and (ii) at any location where hypo-
dermic needles or syringes are kept for retail sale or furnishing,]
stores such needles and syringes in a manner that makes them available
only to authorized personnel and not openly available to customers.
(e) A pharmacy registered under article one hundred thirty-seven of
the education law may offer counseling and referral services to custom-
ers purchasing hypodermic syringes for the purpose of: preventing
injection drug abuse; the provision of drug treatment; preventing and
treating hepatitis C; preventing drug overdose; testing for the human
immunodeficiency virus; and providing pre-exposure prophylaxis and non-
occupational post-exposure prophylaxis. The content of such counseling
and referral shall be at the professional discretion of the pharmacist.
(f) The commissioner shall promulgate rules and regulations necessary
to implement the provisions of this subdivision which shall include: (I)
STANDARDS FOR ADVERTISING TO THE PUBLIC THE AVAILABILITY FOR RETAIL SALE
OR FURNISHING OF HYPODERMIC SYRINGES OR NEEDLES; AND (II) a requirement
that such pharmacies, health care facilities and health care practition-
ers cooperate in a safe disposal of used hypodermic needles or syringes.
(g) The commissioner may, upon the finding of a violation of this
section, suspend for a determinate period of time the sale or furnishing
of syringes by a specific entity.
[6] 5. The provisions of this section shall not apply to farmers
engaged in livestock production or to those persons supplying farmers
engaged in livestock production, provided that:
(a) Hypodermic syringes and needles shall be stored in a secure,
locked storage container.
(b) At any time the department may request a document outlining:
(i) the number of hypodermic needles and syringes purchased over the
past calendar year;
(ii) a record of all hypodermic needles used over the past calendar
year; and
(iii) a record of all hypodermic needles and syringes destroyed over
the past calendar year.
(c) Hypodermic needles and syringes shall be destroyed in a manner
consistent with the provisions set forth in section thirty-three hundred
eighty-one-a of this article.
§ 5. This act shall take effect immediately.