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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90504
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I need to sell syringes and a few other medical supplies for

Resolved Question:

I need to sell syringes and a few other medical supplies for an online business idea. So i need to know if i can buy syringes wholesale and sell them to the public. i know that in some states pharmacies are selling syringes over the counter, but their a pharmacy and i don't know if i could do the same.??? PLease help and guide me in the right direction, i have just started doing research.
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
Even though syringes are sold over the counter at pharmacies, the patients still need a prescription to purchase them, they cannot simply be purchased by anyone in order to prevent IV drug abuse. Thus, they are sold to patients who have prescriptions for injectable medicines, but not just to someone for no reason at all.

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Customer: replied 5 years ago.
No, patients don't need a prescription, or else it wouldn't be called over the counter. The reason that some states and pharmacies are allowing that is to prevent drug users from sharing needles and therefore possibly passing on diseases. I was really hoping for an answer that refelected the current law. Or where can i research to look for the answer to such a specific question.
Expert:  Law Educator, Esq. replied 5 years ago.

Thirteen states and the Virgin Islands impose some form of syringe prescription requirement by statute. Pennsylvania requires a prescription by regulation. The requirement stands as a substantial barrier to syringe access in only seven of these jurisdictions: California, Delaware, Illinois, Massachusetts, New Jersey, Pennsylvania and the Virgin Islands. In Florida and Virginia, a prescription is required only for minors.42 In Nevada, a prescription is not required for syringes to be used for asthma, diabetes or other medical conditions;43 these exceptions, in combination with a favorable view of syringe sales from the pharmacy board, has reportedly led to reasonably liberal syringe access in the state. The remaining four prescription-law states – Connecticut, New Hampshire, New York, and Maine – have partially deregulated syringes and now allow non-prescription sale and possession of syringes in limited numbers.

Other types of restriction on the sale of syringes appear in state law, usually but not always within the Pharmacy Code. Twenty-two states allow only pharmacies to sell syringes. Nine require the seller to determine, or the buyer to produce information about, the use to which the syringe will be put. Fifteen require records of some type to be kept. Eleven require the buyer to show identification. Finally, eleven states specify limits on the display of syringes in retail establishments, normally requiring that they be kept behind the counter. These sub-prescription limits on syringe sales are most often (but

not always) found in state pharmacy laws and regulations, and are therefore usually referred to as “pharmacy regulations.”

The District of Columbia and every jurisdiction studied except Alaska and Puerto Rico have drug paraphernalia laws. In the majority of states, this list includes “[h]ypodermic syringes, needles, and other objects used, intended for use, and designed for use in parenterally injecting controlled substances into the human body.”48 Under this definition, the status of any item as paraphernalia depends not just on the characteristics of the item itself but also the intention or acts of the defendant. To commit a crime, the seller must not only transfer possession of the syringe, but must do so knowing of the intended drug-related use.

Only Rhode Island, New Mexico, Hawaii and Washington have unrestricted pharmacy sales.

Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90504
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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