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90_HB3175
20 ILCS 2310/55.65a new
720 ILCS 600/4 from Ch. 56 1/2, par. 2104
720 ILCS 635/5.5 new
Amends the Drug Paraphernalia Control Act and the
Hypodermic Syringes and Needles Act. Provides that any
person 18 years of age or older may purchase, without a
prescription, not more than 10 sterile syringes from a
registered pharmacist. Provides that educational materials
shall be provided to the person purchasing the sterile
syringes. Amends the Civil Administrative Code of Illinois.
Provides that the Department of Public Health shall develop
educational materials to be provided to persons purchasing
sterile syringes.
LRB9009718MWpc
LRB9009718MWpc
1 AN ACT concerning sterile syringes, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by adding Section 55.65a as follows:
6 (20 ILCS 2310/55.65a new)
7 Sec. 55.65a. Syringes; educational materials. The
8 Department shall develop educational materials to be provided
9 to persons purchasing sterile syringes under Section 5.5 of
10 the Hypodermic Syringes and Needles Act. The materials shall
11 include information concerning safe injections, HIV/AIDS
12 prevention, the safe disposal of syringes, and drug treatment
13 options.
14 Section 10. The Drug Paraphernalia Control Act is
15 amended by changing Section 4 as follows:
16 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
17 Sec. 4. This Act shall not apply to:
18 (a) Items marketed for use in the preparation,
19 compounding, packaging, labeling, or other use of cannabis or
20 a controlled substance as an incident to lawful research,
21 teaching, or chemical analysis and not for sale; or
22 (b) Items marketed for, or historically and customarily
23 used in connection with the planting, propagating,
24 cultivating, growing, harvesting, manufacturing, compounding,
25 converting, producing, processing, preparing, testing,
26 analyzing, packaging, repackaging, storing, containing,
27 concealing, injecting, ingesting, or inhaling of tobacco or
28 any other lawful substance.
29 Items exempt under this subsection include, but are not
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1 limited to, garden hoes, rakes, sickles, baggies, tobacco
2 pipes, and cigarette-rolling papers.
3 (c) Items listed in Section (2) of this Act which are
4 marketed for decorative purposes, when such items have been
5 rendered completely inoperable or incapable of being used for
6 any illicit purpose prohibited by this Act.
7 In determining whether or not a particular item is exempt
8 under this subsection, the trier of fact should consider, in
9 addition to all other logically relevant factors, the
10 following:
11 (1) The general, usual, customary, and historical use to
12 which the item involved has been put;
13 (2) Expert evidence concerning the ordinary or customary
14 use of the item and the effect of any peculiarity in the
15 design or engineering of the device upon its functioning;
16 (3) Any written instructions accompanying the delivery
17 of the item concerning the purposes or uses to which the item
18 can or may be put;
19 (4) Any oral instructions provided by the seller of the
20 item at the time and place of sale or commercial delivery;
21 (5) Any national or local advertising, concerning the
22 design, purpose or use of the item involved, and the entire
23 context in which such advertising occurs;
24 (6) The manner, place and circumstances in which the
25 item was displayed for sale, as well as any item or items
26 displayed for sale or otherwise exhibited upon the premises
27 where the sale was made;
28 (7) Whether the owner or anyone in control of the object
29 is a legitimate supplier of like or related items to the
30 community, such as a licensed distributor or dealer of
31 tobacco products;
32 (8) The existence and scope of legitimate uses for the
33 object in the community.
34 (d) Sterile syringes sold to any person 18 years of age
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1 or older by a registered pharmacist under Section 5.5 of the
2 Hypodermic Syringes and Needles Act.
3 (Source: P.A. 82-1032.)
4 Section 15. The Hypodermic Syringes and Needles Act is
5 amended by adding Section 5.5 as follows:
6 (720 ILCS 635/5.5 new)
7 Sec. 5.5. Sale of syringes by registered pharmacist.
8 Notwithstanding any other provisions of this Act, any person
9 18 years of age or older may purchase, without a prescription
10 from a licensed physician, not more than 10 sterile syringes
11 from a registered pharmacist. The registered pharmacist
12 shall provide any person purchasing sterile syringes under
13 this Section with educational materials developed by the
14 Department of Public Health. The materials shall include
15 information concerning safe injections, HIV/AIDS prevention,
16 safe disposal of syringes, and drug treatment options.