S443

An Act concerning hypodermic syringes and needles and amending N.J.S.2C:36-6.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:36-6 is amended to read as follows:

2C:36-6. a. Except as authorized by subsection b., c. or other law, it shall be unlawful for a person to have under his control or possess with intent to use a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in [chapter 35 of Title 2C of the New Jersey Statutes] N.J.S.2C:35-1 et seq., or to sell, furnish or give to any person such syringe, needle or instrument. Any person who violates this section is guilty of a disorderly persons offense.

b. A person is authorized to possess and use a hypodermic needle or hypodermic syringe if the person obtains the hypodermic syringe or hypodermic needle by a valid prescription issued by a licensed physician, dentist or veterinarian and uses it for its authorized purpose.

No prescription for a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of controlled dangerous substances by subcutaneous injections shall be valid for more than one year from the date of issuance.

c. Subsection a. does not apply to a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, registered pharmacist, or a hospital, sanitarium, clinical laboratory or any other medical institution, or a state or a governmental agency, or a regular dealer in medical, dental or surgical supplies, or a resident physician or intern of a hospital, sanitarium or other medical institution.

d. Notwithstanding the provisions of any statute, ordinance or regulation to the contrary, any action or attempt by any person or entity to sell, furnish or give a hypodermic syringe or needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in N.J.S.2C:35-1 et seq., to another person, except as pursuant to a valid prescription issued by an authorized prescriber pursuant to law, shall be deemed to be a violation of the provisions of subsection a. of this section and thereby prohibited under the laws of this State. The provisions of this subsection shall apply, but not be limited, to any program proposed, sponsored, operated, arranged or otherwise facilitated by a business, organization, agency or governmental entity to provide for the exchange of hypodermic needles or syringes, or any other instrument adapted for the use of controlled dangerous substances by subcutaneous injections.

(cf: P.L.1999, c.90, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill amends N.J.S.A.2C:36-6 to clarify that hypodermic syringe and needle exchange programs are illegal.

Specifically, the bill provides that, notwithstanding the provisions of any statute, ordinance or regulation to the contrary, any action or attempt by any person or entity to sell, furnish or give a hypodermic syringe or needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in N.J.S.A.2C:35-1 et seq., to another person, except as pursuant to a valid prescription issued by an authorized prescriber pursuant to law, is deemed to be a violation of subsection a. of N.J.S.A.2C:36-6 and thereby prohibited under the laws of this State.

The bill further stipulates that this prohibition applies, but is not limited, to any program proposed, sponsored, operated, arranged or otherwise facilitated by a business, organization, agency or governmental entity to provide for the exchange of hypodermic needles or syringes, or any other instrument adapted for the use of controlled dangerous substances by subcutaneous injections.