Signed by Governor Kathy Hochul

Vote Smart's Synopsis:

Vote to pass a bill that amends existing law to decriminalize possession and sale of hypodermic needles and syringes.

Highlights:

• Amends the penal law concerning criminal possession of a controlled substance in the seventh degree; to amend the general business law, concerning drug-related paraphernalia; to amend the public health law, concerning the sale and possession of hypodermic syringes and needles (Sec. 1).

• Restructures when a person is guilty of possession of a controlled substance; it will not be a violation 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, nor is it a violation when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate healthcare (Sec. 1)

• Establishes that “Drug-related paraphernalia” consists of the following objects (Sec. 2):

• Kits, used or designed for planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

• Kits, used or designed for manufacturing, compounding, converting, producing, or preparing controlled substances;

• Isomerization devices, used or designed to increase the potency of any species of plant which is a controlled substance; 

• Scales and balances, used or designed to weigh or measure controlled substances; and

• Separation gins, used or designed to remove twigs and seeds to clean or refine marijuana.

• Establishes that the sale of hypodermic syringes and hypodermic needles are unlawful for any person or persons except in the instance of (Sec. 4):

• According to a prescription of a practitioner, which will include a patient-specific prescription form as provided for in education law; or

• Any person who has been authorized by the commissioner to obtain and possess such instruments.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends existing law to decriminalize possession and sale of hypodermic needles and syringes.

Highlights:

• Amends the penal law concerning criminal possession of a controlled substance in the seventh degree; to amend the general business law, concerning drug-related paraphernalia; to amend the public health law, concerning the sale and possession of hypodermic syringes and needles (Sec. 1).

• Restructures when a person is guilty of possession of a controlled substance; it will not be a violation 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, nor is it a violation when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate healthcare (Sec. 1)

• Establishes that “Drug-related paraphernalia” consists of the following objects (Sec. 2):

• Kits, used or designed for planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

• Kits, used or designed for manufacturing, compounding, converting, producing, or preparing controlled substances;

• Isomerization devices, used or designed to increase the potency of any species of plant which is a controlled substance; 

• Scales and balances, used or designed to weigh or measure controlled substances; and

• Separation gins, used or designed to remove twigs and seeds to clean or refine marijuana.

• Establishes that the sale of hypodermic syringes and hypodermic needles are unlawful for any person or persons except in the instance of (Sec. 4):

• According to a prescription of a practitioner, which will include a patient-specific prescription form as provided for in education law; or

• Any person who has been authorized by the commissioner to obtain and possess such instruments.

Full Bill Text