Possession or Sale of Hypodermic Needles

 Posted on October 12, 2018 in Drug Charges

Having a hypodermic needle in your possession can land you in cuffs. This is due to Illinois’ Hypodermic Syringes and Needles Act, which makes it illegal for minors to be in possession of any hypodermic needles or syringes, and illegal for adults to possess hypodermic needles for the injection of controlled substances. Studies have shown that Needle and Syringe Exchange Policies (NSEPs) drive down HIV and other needle-transmitted-diseases, so why is possessing needles a crime, even if used for injecting drugs? Unfortunately, the logic of this law is as unjust as it is flawed, and is simply another criminal charge in the name of the war on drugs, tacked on increase overall prison time and incentivize defendants to take a quick plea deal.

What the Law Says About Needle Possession

Under Illinois statute 720 ILCS 635, it is illegal for anyone to possess a “hypodermic syringe, needle or “other instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.” Adults are legally allowed to purchase dozens of syringes from pharmacies and possess up to 100 at any given time, so the mere possession of such a needle is not a crime. What makes the needle illegal is when it is used or intended to be used for injecting controlled substances, unless of course, you are a physician, nurse, or hospital worker performing your professional duties. A defense to this criminal offense is proving that the needle was used for another purpose other than delivering a controlled substance. Common reasons and medical conditions for using hypodermic needles and syringes include:

• Dozens of types of cancer;
• Deep vein thrombosis;
• Type I and Type II diabetes;
• Hormone treatment including testosterone therapy;
• Allergy treatment;
• Fertility purposes;
• Injection of vitamins and minerals for general health or to compensate for a deficiency; and
• Hundreds of other types of diseases and disorders.

Sale of Hypodermic Needles

Unless you are authorized to sell hypodermic needles (such as a doctor, pharmacist, or drug manufacturer), selling any needles could result in a felony offense. The sale of hypodermic needles is a Class 4 felony in Illinois.

A Rolling Meadows Attorney Is Available to Talk Today

Possession of a hypodermic needle used for administering a controlled substance, which is a Class A misdemeanor, carries a penalty of up to one year in jail and a fine of $2,500. Each subsequent offense is a Class B misdemeanor, which is a Class 4 felony punished by one to three years in prison and a fine of up to $25,000. This means that if you were found with four hypodermic needles allegedly used for the purpose of administering controlled substances, you could face one Class A misdemeanor and four Class 4 felony charges. As such, if you are facing any hypodermic needle charges, whether for possession or sale, you need to contact the dedicated Rolling Meadows criminal defense attorneys at the office of Christopher M. Cosley today at 847-253-3100.

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4496270/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1954&ChapterID=53