New Jersey Statutes 2C:36-6.2. Sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| disorderly persons offense | up to 6 months | up to $1,000 |
Terms Used In New Jersey Statutes 2C:36-6.2
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
(1) without a prescription if sold in quantities of 10 or fewer; and
(2) pursuant to a prescription issued by a person authorized to prescribe under State law if sold in quantities of more than 10.
b. A licensed pharmacy that provides hypodermic syringes or needles for sale shall also be required to:
(1) maintain its supply of such instruments under or behind the pharmacy sales counter such that they are accessible only to a person standing behind a pharmacy sales counter; and
(2) make available to each person who purchases any such instrument, at the time of purchase, information to be developed by the Department of Health to the purchaser, about:
(a) the safe disposal of the instrument, including local disposal locations or a telephone number to call for that information; and
(b) substance use disorder treatment, including a telephone number to call for assistance in obtaining treatment.
c. In addition to any other provision of law that may apply, a person who purchases a hypodermic syringe or needle pursuant to subsection a. of this section and sells that needle or syringe to another person is guilty of a disorderly persons offense.
d. The Department of Health, in consultation with the Department of Human Services and the New Jersey State Board of Pharmacy, may, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of subsection b. of this section. The Department of Health shall make the information that is to be developed pursuant to subsection b. of this section available to pharmacies and purchasers of hypodermic syringes or needles through its Internet website.
L.2011, c.183, s.1; amended 2012, c.17, s.4; 2023, c.177, s.9.