093_SB0880
LRB093 07447 RLC 07612 b
1 AN ACT in relation to hypodermic syringes and needles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Drug Paraphernalia Control Act is amended
5 by changing Sections 3.5 and 4 as follows:
6 (720 ILCS 600/3.5)
7 Sec. 3.5. Possession of drug paraphernalia.
8 (a) A person who knowingly possesses an item of drug
9 paraphernalia with the intent to use it in ingesting,
10 inhaling, or otherwise introducing cannabis or a controlled
11 substance into the human body, or in preparing cannabis or a
12 controlled substance for that use, is guilty of a Class A
13 misdemeanor for which the court shall impose a minimum fine
14 of $750 in addition to any other penalty prescribed for a
15 Class A misdemeanor. This subsection (a) does not apply to a
16 person who is legally authorized to possess hypodermic
17 syringes or needles under the Hypodermic Syringes and Needles
18 Act.
19 (b) In determining intent under subsection (a), the
20 trier of fact may take into consideration the proximity of
21 the cannabis or controlled substances to drug paraphernalia
22 or the presence of cannabis or a controlled substance on the
23 drug paraphernalia.
24 (Source: P.A. 88-677, eff. 12-15-94.)
25 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
26 Sec. 4. Exemptions. This Act shall not apply to:
27 (a) Items marketed for use in the preparation,
28 compounding, packaging, labeling, or other use of cannabis or
29 a controlled substance as an incident to lawful research,
30 teaching, or chemical analysis and not for sale.
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1 (b) Items marketed for, or historically and customarily
2 used in connection with, the planting, propagating,
3 cultivating, growing, harvesting, manufacturing, compounding,
4 converting, producing, processing, preparing, testing,
5 analyzing, packaging, repackaging, storing, containing,
6 concealing, injecting, ingesting, or inhaling of tobacco or
7 any other lawful substance.
8 Items exempt under this subsection include, but are not
9 limited to, garden hoes, rakes, sickles, baggies, tobacco
10 pipes, and cigarette-rolling papers.
11 (c) Items listed in Section 2 of this Act which are
12 marketed for decorative purposes, when such items have been
13 rendered completely inoperable or incapable of being used for
14 any illicit purpose prohibited by this Act.
15 (d) A person who is legally authorized to possess
16 hypodermic syringes or needles under the Hypodermic Syringes
17 and Needles Act.
18 In determining whether or not a particular item is exempt
19 under this subsection, the trier of fact should consider, in
20 addition to all other logically relevant factors, the
21 following:
22 (1) the general, usual, customary, and historical
23 use to which the item involved has been put;
24 (2) expert evidence concerning the ordinary or
25 customary use of the item and the effect of any
26 peculiarity in the design or engineering of the device
27 upon its functioning;
28 (3) any written instructions accompanying the
29 delivery of the item concerning the purposes or uses to
30 which the item can or may be put;
31 (4) any oral instructions provided by the seller of
32 the item at the time and place of sale or commercial
33 delivery;
34 (5) any national or local advertising concerning
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1 the design, purpose or use of the item involved, and the
2 entire context in which such advertising occurs;
3 (6) the manner, place and circumstances in which
4 the item was displayed for sale, as well as any item or
5 items displayed for sale or otherwise exhibited upon the
6 premises where the sale was made;
7 (7) whether the owner or anyone in control of the
8 object is a legitimate supplier of like or related items
9 to the community, such as a licensed distributor or
10 dealer of tobacco products;
11 (8) the existence and scope of legitimate uses for
12 the object in the community.
13 (Source: P.A. 91-357, eff. 7-29-99.)
14 Section 10. The Hypodermic Syringes and Needles Act is
15 amended by changing Sections 1, 2, 4, and 5 and adding
16 Section 2.5 as follows:
17 (720 ILCS 635/1) (from Ch. 38, par. 22-50)
18 Sec. 1. Possession of hypodermic syringes and needles.
19 (a) Except as provided in subsection (b), no person, not
20 being a physician, dentist, chiropodist or veterinarian
21 licensed under the laws of this State or of the state where
22 he resides, or a registered professional nurse, or a
23 registered embalmer, manufacturer or dealer in embalming
24 supplies, wholesale druggist, manufacturing pharmacist,
25 registered pharmacist, manufacturer of surgical instruments,
26 industrial user, official of any government having possession
27 of the articles hereinafter mentioned by reason of his
28 official duties, nurse or a medical laboratory technician
29 acting under the direction of a physician or dentist,
30 employee of an incorporated hospital acting under the
31 direction of its superintendent or officer in immediate
32 charge, or a carrier or messenger engaged in the
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1 transportation of such articles, or the holder of a permit
2 issued under Section 5 of this Act, or a farmer engaged in
3 the use of such instruments on livestock, or a person engaged
4 in chemical, clinical, pharmaceutical or other scientific
5 research, shall have in his possession a hypodermic syringe,
6 hypodermic needle, or any instrument adapted for the use of
7 controlled substances or cannabis by subcutaneous injection.
8 (b) A person who is at least 18 years of age may
9 purchase from a pharmacy and have in his or her possession up
10 to 20 hypodermic syringes or needles.
11 (Source: P.A. 77-771.)
12 (720 ILCS 635/2) (from Ch. 38, par. 22-51)
13 Sec. 2. Sale of hypodermic syringes and needles.
14 (a) Except as provided in subsection (b), no such
15 syringe, needle or instrument shall be delivered or sold to,
16 or exchanged with, any person except a registered pharmacist,
17 physician, dentist, veterinarian, registered embalmer,
18 manufacturer or dealer in embalming supplies, wholesale
19 druggist, manufacturing pharmacist, industrial user, a nurse
20 upon the written order of a physician or dentist, the holder
21 of a permit issued under Section 5 of this Act, a registered
22 chiropodist, or an employee of an incorporated hospital upon
23 the written order of its superintendent or officer in
24 immediate charge; provided that the provisions of this Act
25 shall not prohibit the sale, possession or use of hypodermic
26 syringes or hypodermic needles for treatment of livestock or
27 poultry by the owner or keeper thereof or a person engaged in
28 chemical, clinical, pharmaceutical or other scientific
29 research.
30 (b) A pharmacist may sell up to 20 sterile hypodermic
31 syringes or needles to a person who is at least 18 years of
32 age. A syringe or needle sold under this subsection (b) must
33 be stored at a pharmacy and in a manner that limits access to
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1 the syringes or needles to pharmacists employed at the
2 pharmacy and any persons designated by the pharmacists. A
3 syringe or needle sold at a pharmacy under this subsection
4 (b) may be sold only from the pharmacy department of the
5 pharmacy.
6 (Source: Laws 1955, p. 1408.)
7 (720 ILCS 635/2.5 new)
8 Sec. 2.5. Educational materials; guidelines for disposal.
9 (a) The Illinois Department of Public Health must
10 develop educational materials and make copies of the
11 educational materials available to pharmacists. Pharmacists
12 must make these educational materials available to persons
13 who purchase syringes and needles as authorized under
14 subsection (b) of Section 1. The educational materials must
15 include information regarding safer injection, HIV
16 prevention, syringe and needle disposal, and drug treatment.
17 (b) The Illinois Department of Public Health must create
18 guidelines to advise local health departments on implementing
19 syringe and needle disposal policies that are consistent with
20 or more stringent than any available guidelines regarding
21 disposal for home health care products provided by the United
22 States Environmental Protection Agency.
23 (720 ILCS 635/4) (from Ch. 38, par. 22-53)
24 Sec. 4. Penalty. A person who Whoever violates any
25 provision provisions of Section Sections 1 or, 2, and 3 of
26 this Act is shall be guilty of a Class A misdemeanor for the
27 first such offense; and a Class 4 felony for a second or any
28 succeeding offense, he shall be guilty of a Class 4 felony.
29 (Source: P.A. 77-2830.)
30 (720 ILCS 635/5) (from Ch. 38, par. 22-54)
31 Sec. 5. Prescriptions.
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1 Except as provided under Section 2, a licensed physician
2 may direct a patient under his immediate charge to have in
3 possession any of the instruments specified in Sections 1 and
4 2 which may be dispensed by a registered pharmacist or
5 assistant registered pharmacist in this state only (1) upon a
6 written prescription of such physician, or (2) upon an oral
7 order of such physician, which order is reduced promptly to
8 writing and filed by the pharmacist, or (3) by refilling any
9 such written or oral prescription if such refilling is
10 authorized by the prescriber either in the original
11 prescription or by oral order which is reduced promptly to
12 writing and filed by the pharmacist in the same manner and
13 under the same conditions as any other prescription issued by
14 a practitioner licensed by law to write prescriptions, or (4)
15 upon a signed statement of a the patient, upon proper
16 identification, stating that the prescriptions or instruments
17 specified in Sections 1 and 2 were lost or broken, as the
18 case may be, the name and address of the prescriber, the name
19 and address of the patient and the purpose for which the
20 prescription was ordered; provided, however, that the
21 registered pharmacists or assistant registered pharmacists
22 who deliver or sell any instruments specified in Sections 1
23 and 2 shall send a copy of such affidavit to the Department
24 of State Police by the 15th of the month following the month
25 in which such instruments were delivered or sold. Such
26 written or oral prescriptions when reduced to writing for
27 instruments specified in Sections 1 and 2 shall contain the
28 date of such prescription, the name and address of the
29 prescriber, the name and address of the patient, the purpose
30 for which the prescription is ordered, the date when
31 dispensed and by whom dispensed.
32 Provided, however, that a licensed physician or other
33 allied medical practitioner, authorized by the laws of the
34 State of Illinois to prescribe or administer controlled
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1 substances or cannabis to humans or animals, may authorize
2 any person or the owner of any animal, to purchase and have
3 in his possession any of the instruments specified in
4 Sections 1 and 2, which may be sold to him without a specific
5 written or oral prescription or order, by any person
6 authorized by the laws of the State of Illinois to sell and
7 dispense controlled substances or cannabis, if such
8 authorization is in the form of a certificate giving the name
9 and address of such licensed physician or other allied
10 medical practitioner, the name, address and signature of the
11 person, or of the owner of the animal, so authorized, the
12 purpose or reason of such authorization, and the date of such
13 certificate and in that event, no other prescription, writing
14 or record shall be required to authorize the possession or
15 sale of such instruments.
16 (Source: P.A. 84-25.)
17 (720 ILCS 635/3 rep.)
18 Section 15. The Hypodermic Syringes and Needles Act is
19 amended by repealing Section 3.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.