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Syringe Access Laws in California

Syringe Access Laws in California. Glenn Backes Public Policy Research & Consulting Beautiful 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

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Syringe Access Laws in California

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  1. Syringe Access Laws in California

    Glenn Backes Public Policy Research & Consulting Beautiful Sacramento, California

  2. Syringe Access Laws in California

    Are Kind of a Mess
  3. Syringe Exchange Syringe exchanges may only exist where a local government votes to authorize them A city or county government may authorize
  4. 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
  5. Syringe Exchange State law does not mention or mandate a cap on the number of syringes that may be distributed
  6. 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
  7. 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)
  8. 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)
  9. 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
  10. 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.
  11. Pharmacy Sale & Syringe Possession Statewide & Permanent H&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. “
  12. 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 . . . .
  13. 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…
  14. 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
  15. 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
  16. 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
  17. 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
  18. What’s Next Pharmacy 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)
  19. What’s Next Syringe 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
  20. Thank you Laura Thomas, DPA Meghan Ralston, DPA Ethan Nadelmann, DPA Stephen Gutwillig, DPA Alessandra Ross, CDPH Kathy Mossburg, SFAF Martha Saly, CalHEP Michele Peterson, CalHEP Valerie Rose, Ph.D. Ricky Bluthenthal, Ph.D. Alex Kral, Ph.D. Terry Hair, D. Pharm, CNN Hilary McQuie, HRC State Senator John Vasconcellos, Retired State Senator Leland Yee State Assemblymember Bob Blumenfield State Assemblymember John Laird, Retired State Assemblymember Patty Berg, Retired State Assemblymemer Terry Mazzoni, Retired Governor Arnold A. Schwarzenegger (and goodbye)

  21. Syringe Access Laws in California

    Glenn Backes Public Policy Research & Consulting Beautiful Sacramento, California glennbackes@gmail.com 916 202 2538
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