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90_HB3176
20 ILCS 2305/8.4 new
720 ILCS 600/4 from Ch. 56 1/2, par. 2104
720 ILCS 635/1 from Ch. 38, par. 22-50
720 ILCS 635/2 from Ch. 38, par. 22-51
Amends the Department of Public Health Act. Provides
that subject to appropriations, the Department of Public
Health may make grants to the Illinois HIV Prevention
Community Planning Group for needle exchange programs.
Amends the Drug Paraphernalia Control Act and the Hypodermic
Syringes and Needles Act. Allows persons to possess, sell,
or exchange needles and syringes for the purpose of operating
or participating in a public health-related needle exchange
program.
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1 AN ACT concerning needle exchange programs, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Department of Public Health Act is
6 amended by adding Section 8.4 as follows:
7 (20 ILCS 2305/8.4 new)
8 Sec. 8.4. Needle exchange program; grant. From funds
9 appropriated to it from the General Revenue Fund, the
10 Department may make grants to the Illinois HIV Prevention
11 Community Planning Group for needle exchange programs.
12 Section 10. The Drug Paraphernalia Control Act is
13 amended by changing Section 4 as follows:
14 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
15 Sec. 4. This Act shall not apply to:
16 (a) Items marketed for use in the preparation,
17 compounding, packaging, labeling, or other use of cannabis or
18 a controlled substance as an incident to lawful research,
19 teaching, or chemical analysis and not for sale; or
20 (b) Items marketed for, or historically and customarily
21 used in connection with the planting, propagating,
22 cultivating, growing, harvesting, manufacturing, compounding,
23 converting, producing, processing, preparing, testing,
24 analyzing, packaging, repackaging, storing, containing,
25 concealing, injecting, ingesting, or inhaling of tobacco or
26 any other lawful substance.
27 Items exempt under this subsection include, but are not
28 limited to, garden hoes, rakes, sickles, baggies, tobacco
29 pipes, and cigarette-rolling papers.
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1 (c) Items listed in Section (2) of this Act which are
2 marketed for decorative purposes, when such items have been
3 rendered completely inoperable or incapable of being used for
4 any illicit purpose prohibited by this Act.
5 In determining whether or not a particular item is exempt
6 under this subsection, the trier of fact should consider, in
7 addition to all other logically relevant factors, the
8 following:
9 (1) The general, usual, customary, and historical use to
10 which the item involved has been put;
11 (2) Expert evidence concerning the ordinary or customary
12 use of the item and the effect of any peculiarity in the
13 design or engineering of the device upon its functioning;
14 (3) Any written instructions accompanying the delivery
15 of the item concerning the purposes or uses to which the item
16 can or may be put;
17 (4) Any oral instructions provided by the seller of the
18 item at the time and place of sale or commercial delivery;
19 (5) Any national or local advertising, concerning the
20 design, purpose or use of the item involved, and the entire
21 context in which such advertising occurs;
22 (6) The manner, place and circumstances in which the
23 item was displayed for sale, as well as any item or items
24 displayed for sale or otherwise exhibited upon the premises
25 where the sale was made;
26 (7) Whether the owner or anyone in control of the object
27 is a legitimate supplier of like or related items to the
28 community, such as a licensed distributor or dealer of
29 tobacco products;
30 (8) The existence and scope of legitimate uses for the
31 object in the community.
32 (d) Items for the operation of or the participation in a
33 public health-related needle exchange program.
34 (Source: P.A. 82-1032.)
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1 Section 15. The Hypodermic Syringes and Needles Act is
2 amended by changing Sections 1 and 2 as follows:
3 (720 ILCS 635/1) (from Ch. 38, par. 22-50)
4 Sec. 1. No person, not being a physician, dentist,
5 chiropodist or veterinarian licensed under the laws of this
6 State or of the state where he resides, or a registered
7 professional nurse, or a registered embalmer, manufacturer or
8 dealer in embalming supplies, wholesale druggist,
9 manufacturing pharmacist, registered pharmacist, manufacturer
10 of surgical instruments, industrial user, official of any
11 government having possession of the articles hereinafter
12 mentioned by reason of his official duties, nurse or a
13 medical laboratory technician acting under the direction of a
14 physician or dentist, employee of an incorporated hospital
15 acting under the direction of its superintendent or officer
16 in immediate charge, or a carrier or messenger engaged in the
17 transportation of such articles, or the holder of a permit
18 issued under Section 5 of this Act, or a farmer engaged in
19 the use of such instruments on livestock, or a person engaged
20 in chemical, clinical, pharmaceutical or other scientific
21 research, or a person operating or participating in a public
22 health-related needle exchange program shall have in his
23 possession a hypodermic syringe, hypodermic needle, or any
24 instrument adapted for the use of controlled substances or
25 cannabis by subcutaneous injection.
26 (Source: P.A. 77-771.)
27 (720 ILCS 635/2) (from Ch. 38, par. 22-51)
28 Sec. 2. No such syringe, needle or instrument shall be
29 delivered or sold to, or exchanged with, any person except a
30 registered pharmacist, physician, dentist, veterinarian,
31 registered embalmer, manufacturer or dealer in embalming
32 supplies, wholesale druggist, manufacturing pharmacist,
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1 industrial user, a nurse upon the written order of a
2 physician or dentist, the holder of a permit issued under
3 Section 5 of this Act, a registered chiropodist, or an
4 employee of an incorporated hospital upon the written order
5 of its superintendent or officer in immediate charge, or a
6 person operating or participating in a public health-related
7 needle exchange program; provided that the provisions of this
8 Act shall not prohibit the sale, possession or use of
9 hypodermic syringes or hypodermic needles for treatment of
10 livestock or poultry by the owner or keeper thereof or a
11 person engaged in chemical, clinical, pharmaceutical or other
12 scientific research.
13 (Source: Laws 1955, p. 1408.)