CA legislation re: syringe exchange programs (SEP), personal use of Narcan (opiate antagonist)

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Narcan / Naloxone

California Bill # AB 635, Section 1714.22 Notwithstanding any other law,a person who possesses or distributes an opioid antagonist pursuant to a prescription or standing order shall not be subject to professional review , be liable in a civil action , or be subjected to criminal prosecution for this possession or distribution.

911 Good Samaritan Law

CA’s new “911 Good Samaritan” Law protects you and the overdose victim from arrest for possessing small amounts of drugs or drug paraphernalia IF you call 911 to report an overdose.

California Bill # AB 604, Section 121349.1

(SEP) Program participants shall not be subject to criminal prosecution for possession of needles or syringes acquired from an authorized needle exchange or syringe exchange program.

Individual Possession of Needles and Syringes

H&S Code Section 11364.1 governs the possession of drug paraphernalia.Effective Jan 1,2012 SB 41 (YEE, Chapter 738 Statutes of 2011) amends CA statute to allow individuals to possess up to 30 syringes for personal use if acquired from a physician, pharmacist, authorized SEP or any other source authorized by law to provide sterile syringes or hypodermic needles without a prescription. Individuals may also possess an unlimited number of syringes which have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste.

Drug Residue in a syringe is not sufficient evidence to prove drug possession.

The CA Supreme Court decided in People v. Leal (1966) 64 Cal.2d.504 that an individual cannot be convicted of drug possession unless they possess a “usable quantity” of a controlled substance. A used syringe cannot serve as evidence of drug possession.

Needles and syringes in sharps containers are not considered paraphernalia.

H&S Code Section 11364.1 states that hypodermic needles or syringes stored in a container that “meets state and federal standards for disposal of sharps waste“ shall not be classified as drug paraphernalia.