Public Act 93-0392
SB880 Enrolled LRB093 07447 RLC 07612 b
AN ACT in relation to hypodermic syringes and needles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drug Paraphernalia Control Act is amended
by changing Sections 3.5 and 4 as follows:
(720 ILCS 600/3.5)
Sec. 3.5. Possession of drug paraphernalia.
(a) A person who knowingly possesses an item of drug
paraphernalia with the intent to use it in ingesting,
inhaling, or otherwise introducing cannabis or a controlled
substance into the human body, or in preparing cannabis or a
controlled substance for that use, is guilty of a Class A
misdemeanor for which the court shall impose a minimum fine
of $750 in addition to any other penalty prescribed for a
Class A misdemeanor. This subsection (a) does not apply to a
person who is legally authorized to possess hypodermic
syringes or needles under the Hypodermic Syringes and Needles
Act.
(b) In determining intent under subsection (a), the
trier of fact may take into consideration the proximity of
the cannabis or controlled substances to drug paraphernalia
or the presence of cannabis or a controlled substance on the
drug paraphernalia.
(Source: P.A. 88-677, eff. 12-15-94.)
(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
Sec. 4. Exemptions. This Act shall not apply to:
(a) Items marketed for use in the preparation,
compounding, packaging, labeling, or other use of cannabis or
a controlled substance as an incident to lawful research,
teaching, or chemical analysis and not for sale.
(b) Items marketed for, or historically and customarily
used in connection with, the planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, or inhaling of tobacco or
any other lawful substance.
Items exempt under this subsection include, but are not
limited to, garden hoes, rakes, sickles, baggies, tobacco
pipes, and cigarette-rolling papers.
(c) Items listed in Section 2 of this Act which are
marketed for decorative purposes, when such items have been
rendered completely inoperable or incapable of being used for
any illicit purpose prohibited by this Act.
(d) A person who is legally authorized to possess
hypodermic syringes or needles under the Hypodermic Syringes
and Needles Act.
In determining whether or not a particular item is exempt
under this subsection, the trier of fact should consider, in
addition to all other logically relevant factors, the
following:
(1) the general, usual, customary, and historical
use to which the item involved has been put;
(2) expert evidence concerning the ordinary or
customary use of the item and the effect of any
peculiarity in the design or engineering of the device
upon its functioning;
(3) any written instructions accompanying the
delivery of the item concerning the purposes or uses to
which the item can or may be put;
(4) any oral instructions provided by the seller of
the item at the time and place of sale or commercial
delivery;
(5) any national or local advertising concerning
the design, purpose or use of the item involved, and the
entire context in which such advertising occurs;
(6) the manner, place and circumstances in which
the item was displayed for sale, as well as any item or
items displayed for sale or otherwise exhibited upon the
premises where the sale was made;
(7) whether the owner or anyone in control of the
object is a legitimate supplier of like or related items
to the community, such as a licensed distributor or
dealer of tobacco products;
(8) the existence and scope of legitimate uses for
the object in the community.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 10. The Hypodermic Syringes and Needles Act is
amended by changing Sections 1, 2, 4, and 5 and adding
Section 2.5 as follows:
(720 ILCS 635/1) (from Ch. 38, par. 22-50)
Sec. 1. Possession of hypodermic syringes and needles.
(a) Except as provided in subsection (b), no person, not
being a physician, dentist, chiropodist or veterinarian
licensed under the laws of this State or of the state where
he resides, or a registered professional nurse, or a
registered embalmer, manufacturer or dealer in embalming
supplies, wholesale druggist, manufacturing pharmacist,
registered pharmacist, manufacturer of surgical instruments,
industrial user, official of any government having possession
of the articles hereinafter mentioned by reason of his
official duties, nurse or a medical laboratory technician
acting under the direction of a physician or dentist,
employee of an incorporated hospital acting under the
direction of its superintendent or officer in immediate
charge, or a carrier or messenger engaged in the
transportation of such articles, or the holder of a permit
issued under Section 5 of this Act, or a farmer engaged in
the use of such instruments on livestock, or a person engaged
in chemical, clinical, pharmaceutical or other scientific
research, shall have in his possession a hypodermic syringe,
hypodermic needle, or any instrument adapted for the use of
controlled substances or cannabis by subcutaneous injection.
(b) A person who is at least 18 years of age may
purchase from a pharmacy and have in his or her possession up
to 20 hypodermic syringes or needles.
(Source: P.A. 77-771.)
(720 ILCS 635/2) (from Ch. 38, par. 22-51)
Sec. 2. Sale of hypodermic syringes and needles.
(a) Except as provided in subsection (b), no such
syringe, needle or instrument shall be delivered or sold to,
or exchanged with, any person except a registered pharmacist,
physician, dentist, veterinarian, registered embalmer,
manufacturer or dealer in embalming supplies, wholesale
druggist, manufacturing pharmacist, industrial user, a nurse
upon the written order of a physician or dentist, the holder
of a permit issued under Section 5 of this Act, a registered
chiropodist, or an employee of an incorporated hospital upon
the written order of its superintendent or officer in
immediate charge; provided that the provisions of this Act
shall not prohibit the sale, possession or use of hypodermic
syringes or hypodermic needles for treatment of livestock or
poultry by the owner or keeper thereof or a person engaged in
chemical, clinical, pharmaceutical or other scientific
research.
(b) A pharmacist may sell up to 20 sterile hypodermic
syringes or needles to a person who is at least 18 years of
age. A syringe or needle sold under this subsection (b) must
be stored at a pharmacy and in a manner that limits access to
the syringes or needles to pharmacists employed at the
pharmacy and any persons designated by the pharmacists. A
syringe or needle sold at a pharmacy under this subsection
(b) may be sold only from the pharmacy department of the
pharmacy.
(Source: Laws 1955, p. 1408.)
(720 ILCS 635/2.5 new)
Sec. 2.5. Educational materials; guidelines for disposal.
(a) The Illinois Department of Public Health must
develop educational materials and make copies of the
educational materials available to pharmacists. Pharmacists
must make these educational materials available to persons
who purchase syringes and needles as authorized under
subsection (b) of Section 1. The educational materials must
include information regarding safer injection, HIV
prevention, syringe and needle disposal, and drug treatment.
(b) The Illinois Department of Public Health must create
guidelines to advise local health departments on implementing
syringe and needle disposal policies that are consistent with
or more stringent than any available guidelines regarding
disposal for home health care products provided by the United
States Environmental Protection Agency.
(720 ILCS 635/4) (from Ch. 38, par. 22-53)
Sec. 4. Penalty. A person who Whoever violates any
provision provisions of Section Sections 1 or, 2, and 3 of
this Act is shall be guilty of a Class A misdemeanor for the
first such offense; and a Class 4 felony for a second or any
succeeding offense, he shall be guilty of a Class 4 felony.
(Source: P.A. 77-2830.)
(720 ILCS 635/5) (from Ch. 38, par. 22-54)
Sec. 5. Prescriptions.
Except as provided under Section 2, a licensed physician
may direct a patient under his immediate charge to have in
possession any of the instruments specified in Sections 1 and
2 which may be dispensed by a registered pharmacist or
assistant registered pharmacist in this state only (1) upon a
written prescription of such physician, or (2) upon an oral
order of such physician, which order is reduced promptly to
writing and filed by the pharmacist, or (3) by refilling any
such written or oral prescription if such refilling is
authorized by the prescriber either in the original
prescription or by oral order which is reduced promptly to
writing and filed by the pharmacist in the same manner and
under the same conditions as any other prescription issued by
a practitioner licensed by law to write prescriptions, or (4)
upon a signed statement of a the patient, upon proper
identification, stating that the prescriptions or instruments
specified in Sections 1 and 2 were lost or broken, as the
case may be, the name and address of the prescriber, the name
and address of the patient and the purpose for which the
prescription was ordered; provided, however, that the
registered pharmacists or assistant registered pharmacists
who deliver or sell any instruments specified in Sections 1
and 2 shall send a copy of such affidavit to the Department
of State Police by the 15th of the month following the month
in which such instruments were delivered or sold. Such
written or oral prescriptions when reduced to writing for
instruments specified in Sections 1 and 2 shall contain the
date of such prescription, the name and address of the
prescriber, the name and address of the patient, the purpose
for which the prescription is ordered, the date when
dispensed and by whom dispensed.
Provided, however, that a licensed physician or other
allied medical practitioner, authorized by the laws of the
State of Illinois to prescribe or administer controlled
substances or cannabis to humans or animals, may authorize
any person or the owner of any animal, to purchase and have
in his possession any of the instruments specified in
Sections 1 and 2, which may be sold to him without a specific
written or oral prescription or order, by any person
authorized by the laws of the State of Illinois to sell and
dispense controlled substances or cannabis, if such
authorization is in the form of a certificate giving the name
and address of such licensed physician or other allied
medical practitioner, the name, address and signature of the
person, or of the owner of the animal, so authorized, the
purpose or reason of such authorization, and the date of such
certificate and in that event, no other prescription, writing
or record shall be required to authorize the possession or
sale of such instruments.
(Source: P.A. 84-25.)
(720 ILCS 635/3 rep.)
Section 15. The Hypodermic Syringes and Needles Act is
amended by repealing Section 3.
Section 99. Effective date. This Act takes effect upon
becoming law.