Under a new law in New York State, persons age 18 years and older can legally possess hypodermic needles and syringes obtained through ESAP. These syringes may be purchased or obtained without prescription from participating licensed pharmacies, hospitals, nursing homes, community health centers, doctors, nurse practitioners and physician assistants( Public Health Law Section: 3381, Chapter 56, Laws of 2000).

You may also purchase syringes with a prescription at a licensed pharmacy or obtain syringes from an authorized syringe exchange program.

Pharmacies registered in New York State's Expanded Syringe Access Demonstration Program (ESAP) may now sell or furnish up to 10 syringes at a time to adults, 18 years or older, without a prescription. Under this program, health care facilities and health care providers (doctors and others who can prescribe syringes) may also furnish syringes.

Possession of syringes in accordance with the Public Health Law is legal. Persons legally possessing syringes are not subject to arrest or prosecution under the Penal Law. Lawful sale or furnishing of syringes by participating providers/facilities is also legal. This applies to both registered ESAP providers and authorized syringe exchange programs.

The actual sale or possession of illegal drugs is still a crime and puts you at risk of arrest and criminal prosecution.

Disposing of Syringes Safely

Exposed needles are dangerous. If you don't have a puncture-resistant container, recap your needle after you use it. Don't recap needles used by other people.

To dispose of used syringes, put them in a container specially designed for them (a "sharps" container). If you do not have a sharps container:

1) Community Health Action has established safe disposal sites at 56 Bay Street and the Port Richmond Wellness Center.  To find out how to dispose of used syringes, call (718) 808-1300.

2) put used syringes in a plastic bottle, such as a laundry detergent or bleach bottle; the bottle should be unbreakable and puncture-resistant;

3) close the screw-on top tightly and label your sealed container: "Infectious Waste";

4) don't use coffee cans; plastic lids can come off easily; don't use glass bottles which may break;

Check on the laws of your community before you dispose of used syringes in your household trash.

Do not put a plastic container with used syringes out with the recyclable plastics.

Hospitals accept used syringes.

Syringes Exchange Programs

Syringe exchange programs in New York State can dispose of your used syringes and give you new, sterile syringes.

Improper disposal of syringes or needles, by an individual, not falling within the definition of residential use, may incur civil and administrative fines up to $50,000, plus $50,000 per day if the violation continues. Criminal fines up to $50,000 per day of the violation and/or 1 year's imprisonment may also be incurred. Clean-up costs may also be imposed. (Environmental Conservation Law §71-4402, §71-4405, §71-4406 and §71-4411)

To find syringe exchange programs and disposal sites near you; to find HIV testing sites near you; and to get answers to your questions about HIV/AIDS and safe syringe disposal, call the New York State Department of Health HIV/AIDS Hotlines:

English 1-800-541-AIDS

Spanish 1-800-233-SIDA

Deaf/TDD 1-800-369-AIDS

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