I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).