While the sight of one can cause many people anxiety, syringes are an incredibly important medical tool. When paired with a hypodermic needle, it can deliver a vaccination, medicine, or other liquids into a vein or to a specific location on the body. It can also extract substances like blood or drain abscesses.
They can also be used to inject illicit drugs into the body, which can bring into question the legality of possessing syringes. While there are currently no federal regulations in place against a person possessing a syringe, most states have laws that address the issue. Since some consider it illegal in certain situations, its best to know the statutes in your jurisdiction.
This Won't Hurt at All
There's no "chicken or the egg" uncertainty between syringes and hypodermic needles - the syringe came first. Hollow reeds are mentioned in Greek and Roman literature, and references to simple piston syringes used to apply medicine appear in the second century CE. The three components of a syringe are the barrel, piston, and plunger. While the materials used to construct them have steadily improved, the basic design has essentially remained the same.
The hypodermic needle appeared around 1844, and Alexander Wood is generally credited with having combined the two for the successful injection of morphine into a human in 1853. Both syringes and needles come in a variety of sizes that are used for different tasks. For example, syringes used by diabetics for insulin injections will usually have the markings indicating the number of units on the tube instead of milliliters.
While the use of syringes for insulin injections is declining in favor of other methods of delivery, those who have a prescription from a pharmacist for insulin are unlikely to face charges for possessing a syringe. For those using one for a different purpose, the laws can get a little murky.
It Depends on Where You're Standing (or Sitting)
With the lack of a federal law, it comes down to each state to decide about the legality of syringes and how law enforcement officers will treat the discovery of one in a person's possession. As you might expect, it's complicated.
Some states have syringe service programs (SSPs) to help those battling drug abuse. They're also known as needle exchange programs or syringe exchange programs, although the services available often go far beyond replacing used syringes with new, sterile syringes. Use of SSPs has shown a 50% reduction in blood-borne diseases like Hepatitis C and HIV among injection drug users. The Federal Consolidated Appropriations Act of 2016 allows states to receive funding for SSPs as part of health care.
In other states, SSPs aren't permitted. Having a syringe without proper syringe access may be a crime if the state lists it under possession of drug paraphernalia and considers it illegal. While most charges for illegal possession of a syringe are misdemeanors, that's not always the case.
Some states will factor in the residue from any controlled substances remaining in the syringe when it's discovered. In states with strict drug possession penalties, the possibility of facing a felony charge for having a hypodermic syringe with traces of fentanyl or other illegal drugs is very much on the table. In states with strict drug laws like Texas, Hawaii, and North Carolina, people should be very careful about possessing syringes that contain remnants from their drug use.
And Safety for All
The use of hypodermic syringes is common for people with substance abuse issues involving heroin, fentanyl, and several other drugs. With harm reduction available through public health programs in many states, the opportunity to mitigate health risks, such as the spreading of infectious diseases, is possible.
It's important to be aware of the drug paraphernalia laws in your jurisdiction. What's legal in some places is against state law in others, and ignorance of the statutes isn't a "get out of jail free" card. For example, Connecticut, Massachusetts, and Minnesota don't consider syringes to be drug paraphernalia. However, it's a different story in states like Georgia, Montana, and New York.
If you find yourself facing charges for syringe possession, speaking with a criminal defense attorney is a very good idea.
Related Resources
- Drug Charges (FindLaw's Criminal Charges)
- Drug Possession Overview (FindLaw's Criminal Law)
- How Prosecutors Decide To Charge You With a Crime (FindLaw's Criminal Law Basics)
