Yes, within limits. California’s paraphernalia-possession law does not apply to possessing hypodermic needles or syringes solely for personal use, and participants in an authorized needle and syringe exchange program cannot be prosecuted for possessing the needles, syringes, and approved supplies they get there. Neither rule covers drugs found with the syringe.

Personal possession is exempt from the paraphernalia law

Health and Safety Code section 11364(a) is the paraphernalia-possession offense, and a syringe kept for injecting certain drugs would otherwise fall within it. Subdivision (d) creates the exception: as a public health measure against HIV, viral hepatitis, and other bloodborne diseases, the section “shall not apply to the possession solely for personal use of hypodermic needles or syringes.” The current text does not condition that exception on where the syringe came from. Subdivision (b) separately excludes needles and syringes “containerized for safe disposal” in a sharps container that meets state and federal standards.

Adults can also buy syringes without a prescription. Business and Professions Code section 4145.5(b) lets a physician or pharmacist furnish needles and syringes to a person 18 or older, and lets that person obtain them “solely for personal use,” without a prescription.

Needle exchange programs are authorized by statute

Health and Safety Code section 121349(b) authorizes a clean needle and syringe exchange project in any city, county, or city and county through action by local officials: a county board of supervisors with the local health officer or health commission, or a city council and mayor (joined by the local health officer in a city with its own health department). Under subdivision (c), the State Department of Public Health may also authorize qualifying entities where it finds conditions for the rapid spread of HIV, viral hepatitis, or similar infections, after consulting local health and law enforcement leaders and holding a public comment period. The department must post each program’s address and contact information on its website (subdivision (f)).

The protections for the people involved are in section 121349.1:

  • Participants “shall not be subject to criminal prosecution for possession of needles or syringes,” or of materials a local or state health department deems necessary to prevent disease or overdose, “acquired from an authorized needle and syringe exchange project entity.”
  • Staff and volunteers in an authorized project are not subject to criminal prosecution under laws on possessing, furnishing, or transferring needles, syringes, or those materials during their participation.

Section 11364.7(a)(2) adds that a public entity, its agents, and its employees are not subject to criminal prosecution for distributing needles, syringes, or those approved materials to participants in exchange projects the public entity authorized.

What these protections do not cover

  • Drugs. The personal-use exemption and the participant protection cover needles, syringes, and approved supplies, not any controlled substance found with them.
  • Items from other sources. Section 121349.1’s participant protection is limited to items acquired from an authorized project. Personal-use possession of a syringe from any source falls under section 11364(d) instead.
  • Passing supplies to others. The participant protection covers possession. It does not address giving syringes to someone else.

If you were charged

If a charge involves a syringe or supplies from an exchange program, where the items came from and why you had them are the facts these statutes turn on. The Law Offices of David S. Chesley, which defends paraphernalia charges, can compare the police report with each exemption. Call (800) 755-5174.