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POSSESSION OF HYPODERMIC SYRINGES AND NEEDLES

The purpose of this Act is to prevent the use of hypodermic syringes and needles for drug abuse. Only persons and entities identified in this Act can possess syringes and needles (i.e. physician, dentist, pharmacist, chiropodist or veterinarian, registered professional nurse, wholesale drug supplier, etc.). A person who is at least 18 years of age may purchase from a pharmacy and have in his or her possession up to 100 hypodermic syringes or needles.

Note: A pharmacist may dispense syringes and needles to patients who have a prescription. However, a prescription is not always required.

(720 ILCS 635/1)

SALE OF HYPODERMIC SYRINGES AND NEEDLES

The following are the requirements for sale of a syringes or needles without a prescription:

  • A person 18 years or older may purchase up to 100 sterile hypodermic syringes daily without a prescription from a pharmacist in the pharmacy department of the pharmacy.

  • Syringes or needles sold must be stored at a pharmacy in a manner that limits access to the syringes or needles to pharmacists at the pharmacy or persons designated by the pharmacists.

  • There are no recordkeeping requirements.

  • Illinois Department of Public Health must provide materials for proper disposal of needles and syringes to the pharmacies that choose to sell them.

Note: If dispensing needles and syringes pursuant to a prescription, the prescription, record keeping, refill, and labeling requirements applicable to prescriptions for non-controlled substances must be followed. The new law applies only when dispensing without a prescription.

Hypodermic syringes or hypodermic needles can be used for treatment of livestock or poultry by the owner, or a person engaged in chemical, clinical, pharmaceutical or other scientific research.

(720 ILCS 635/2 & 2.5)

PENALTY

A person who violates this Act is guilty of a Class A misdemeanor for the first such offense; and a Class 4 felony for a second or any succeeding offense.

(720 ILCS 635/4)

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