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. 2020 Jul 31;135(1 Suppl):128S–137S. doi: 10.1177/0033354920921817

Table 4.

Laws governing possession of syringes by participants of syringe services programs (SSPs) in the 50 US states and the District of Columbia, 2019

Legal Condition States
Law explicitly authorizes SSPs and exempts participants from state’s possession of drug paraphernalia or syringe laws. California, Colorado, Connecticut,a Delaware, District of Columbia, Florida, Hawaii, Illinois,a Massachusetts,a Maine,b Maryland, New Hampshire,b New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Tennessee, Washingtonc
Does not have a paraphernalia law. Alaska
Law does not prohibit simple possession of paraphernalia or syringes. Michigan, New Hampshire, Oregon, Rhode Island, Vermont, West Virginia, Wyoming
Paraphernalia law explicitly excludes objects used for injecting drugs. Nevada, Oregon, Wisconsin
The definition of drug paraphernalia does not refer to objects used for injecting drugs. Connecticut, Indiana, Massachusetts, New Hampshire, Rhode Island, South Carolina
Possession allowed if syringe is unused and in a sealed sterile package. Utah
Paraphernalia law provides immunity for persons who disclose possession of syringes to police officers prior to search. Colorado, Kentucky, North Carolina, Tennessee
No exemptions from paraphernalia law applicable to SSP participants. Alabama, Arkansas,d Arizona, Georgia,d Idaho,d Iowa, Kansas, Louisiana,d Minnesota,d Mississippi, Missouri, Montana,d Nebraska, Oklahoma, Pennsylvania, South Dakota, Texas, Virginiad
Law exempts residue in used syringe from crime of drug possession. Colorado, Kentucky, Maine, Maryland, Nevada, New Hampshire, New Jersey, New York, North Carolina, Tennessee

aSSP law has been interpreted in case law to authorize possession by participants.38,48,49

bIt is an affirmative defense that the syringes were obtained from an SSP.

cOnly applies to persons aged >18 years.

dState has authorized SSPs or otherwise eliminated or reduced legal barriers to SSPs.