Is It Legal To Buy Syringes In Texas EXCLUSIVE
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is it legal to buy syringes in texas
There is no federal law prohibiting the possession of syringes. It is all state law. About five states don't have drug paraphernalia (DP) laws, and about 10 exclude syringes from this list. That leaves about 30+ states that do have syringe laws. And this is where it gets complicated.
In a state that has DP laws, and a syringe is included as DP, is it always illegal to possess one? The answer is, it depends. If someone has a prescription for an injectable drug (ID), such as insulin, or for the syringe itself, it is not illegal. But what about those that don't? There are only two legal ways to possess a syringe in this case: from an exchange program or retail sale.
There are about 18 state-wide legal syringe exchange programs, and about four other states that have limited exchange programs (usually by county). The concept here was that, unfortunately, if an addict wants to inject, laws or lack of a clean needle is not going to stop them.
Dirty needles can spread blood-borne disease, and though addicts may know this, if they are desperate, they will use a dirty needle anyway. In an effort to decrease the spread of blood-borne illnesses, such as Hepatitis C and HIV, government sponsored agencies have set up these needle exchange programs. The concept is that it is the lesser of two evils. These programs stand a better chance of keeping the general public safer from the spread of blood-borne illnesses perpetuated by dirty-syringe drug users than outlawing syringes outright.
What about buying a syringe? About half of the states allow for purchase of a syringe with no prescription for either the syringe or ID. In all other states except for two, there are no laws specifically prohibiting it, but no law allowing it either. (You take your chances!) And in two states, Delaware and Tennessee, the law specifically prohibits retail sale of syringes without a prescription. (Note, however, that Tennessee does have a needle exchange program in three cities: Chattanooga, Knoxville, and Nashville.)
Unfortunately the legality of syringes is a complicated issues because at the heart of it is the issue of criminalizing addiction. No one uses a syringe as a preferred method of drug ingestion. Injected recreational drugs are highly addictive, and if someone is tempted to use old or dirty needles, risking their life, they need help, not necessarily a criminal record.
In Texas, you can buy syringes over the counter without a prescription. However, there are some restrictions on where you can purchase them. You must be 18 years of age or older and the syringes must be for personal use only. You cannot resell the syringes or use them for any illegal purpose.
Needles and syringes are usually available to patients at drug and alcohol treatment centers. In addition to providing equipment, some places, such as pharmacies and hostels, provide them. There are no appointments required; simply see this sign to find out what new equipment is available.
Yes, syringe exchange is legal in Texas. The Texas Legislature passed a bill authorizing syringe exchange programs in 2007, and there are now over two dozen such programs operating across the state. Syringe exchange programs are an important harm reduction strategy for reducing the spread of HIV and other blood-borne diseases among people who inject drugs.
In Maine, the criminalization of syringes creates a public health crisis. People who use intravenous drugs are at risk of contracting HIV and other blood-borne diseases. This is because they often share needles, and when needles are criminalized, people are less likely to access clean ones. This puts them at greater risk of infection. In addition, the criminalization of syringes makes it difficult for people to access addiction treatment, as many facilities will not accept patients who have needles in their possession. This can lead to higher rates of overdose and death.
Under the E SAP, pharmacists, health care facilities, and health care practitioners who have registered with the New York State Department of Health may sell or give a person over the age of 18 up to ten syringes without a prescription.
Program AuthorizationSSPs are not prohibited from distributing syringes in this state but there are no protections for participants from being prosecuted under drug paraphernalia laws for possessing syringes.
Criminalization A CA supreme court decision in the 1970s ruled that residue is not the basis for a conviction for possession of controlled substances. Also, syringes in a sharps container are not paraphernalia- the exemption for personal possession from an SSP also applies to syringes from a pharmacy, physician, or any authorized provider.
The dispensing of needles and syringes in community pharmacies is regulated on a state-by-state basis. For example, in Rhode Island it is legal to sell needles and syringes to patients without an identifiable prescription for an injectable medication. Zaller and colleagues3 completed a survey study in Rhode Island that collected information on pharmacists' views of current syringe laws, willingness to provide human immunodeficiency virus (HIV)-related services, substance use treatment, medical and social services for people who inject drugs, and past experiences with people who inject drugs. The study showed pharmacists supported selling and educating patients on needles and syringes and believed their work setting is an important resource for providing these types of services. In Texas, the retail sale of needles and syringes is not regulated; therefore, dispensation is at the discretion of the pharmacist. Texas does not currently offer community-wide syringe service programming.4 Currently, there are no published data describing attitudes of Texas pharmacists toward overall harm reduction resources.
The survey was e-mailed to Texas pharmacists through the BCPA and university pharmacy alumni using Google Forms (Mountain View, CA). Survey data were collected from July 17, 2018, through September 1, 2018. Data collected included demographics, perceived dispense rates of naloxone or needles and syringes, information on pharmacy protocols, and attitude-based questions. Attitudinal data included Likert-scaled statements about naloxone, access of needles and syringes to patients without verifiable injectable prescriptions, and general beliefs about harm reduction. Participants were eligible for a drawing to receive a $50 electronic gift card.
P value needles and syringes results of the logistic fit and contingency analysis that compared attitude-based data with general beliefs (pharmacy access and pharmacist involvement), demographics (age, race/ethnicity, graduation year), and perceived dispense ratesa
Perceived dispense rates for both naloxone and needles and syringes were low for all respondents. Our findings suggest pharmacy protocols are lacking in their ability to optimize dispense rates of harm reduction resources. However, the presence of a pharmacy protocol for dispensing naloxone had a significant effect on if a pharmacist reported ever dispensing naloxone. Among pharmacists who reported not having a naloxone protocol, all reported never dispensing naloxone. Needle and syringe protocols did not influence dispensing, because rates were consistently low for this resource. The contents of pharmacy protocols and their ability to assist pharmacists in dispensing harm reduction products warrant further investigation and may be useful, given that pharmacists report time constraints as a barrier. These issues will become increasingly pertinent as the US Food and Drug Administration extends support for over-the-counter status of naloxone.3,10
Texas is well-known for having tough drug laws. Getting caught with even a small amount of illegal narcotics can land you behind bars for a long time. However, getting caught carrying illicit substances is not the only way to end up with a drug charge in Texas.
According to Chapter 481 of the Texas Controlled Substances Act, a huge variety of items may be considered drug paraphernalia. To put it simply, any item which is used to consume, grow, manufacture or distribute illegal drugs may be considered paraphernalia. Obviously, this covers a lot of different objects but some of the most common items classified as paraphernalia are things which are used to introduce drugs into the human body. This can include:
This means that plastic bags, planting pots and lab equipment can all be considered illegal drug paraphernalia in certain circumstances. Although a person can be charged for possessing or selling these items even if they have no drugs on their person, paraphernalia charges can still be applied if drugs are found as well.
In some cases, police officers or judges may offer first-time drug offenders a deal if they are caught with drugs. For example, a person caught with a bag of marijuana is technically in possession of both an illegal drug and drug paraphernalia. In such a case, the bag that contains the marijuana can legally be considered paraphernalia. However, a police officer may decide to confiscate the drugs and issue the person a citation for paraphernalia possession, a less serious charge. Similarly, a judge may choose to offer a defendant the chance to plead down to a paraphernalia charge instead of a possession charge.
These shops exist directly inside this legal gray area. This is because a water pipe may be used for smoking tobacco and rolling papers are often used for preparing handmade cigarettes. In fact, many of these stores will post signs stating their products are to be used for consuming legal substances only. 041b061a72