North Carolina Syringe Laws

2017 (HB243-Stop Act)

The Act underscores that no state funds may be used to support needle exchange programs but does not preclude a local government from supporting such a program in its community.

2016 (HB972-Syringe Exchange Amendment)

Syringe Exchange is legal in NC as of July 2016 (2016’s HB972). Syringe exchange programs collect used syringes from people who inject drugs and exchange them for sterile syringes and access to social services, including substance addiction treatment. Syringe exchange programs became legal in North Carolina on July 11, 2016, the day Governor McCrory signed House Bill 972 into law (G.S. 90-113.27). House Bill 972 also regulates the release of law enforcement body camera footage (NCHRC did not participate in the drafting in that section of the bill).

According to G.S. 90-113.27, no employee, volunteer or participant of the syringe exchange can be charged with possession of syringes or other injection supplies, or with residual amounts of controlled substances in them, obtained from or returned to a syringe exchange. Syringe exchange programs will supply a card, letter, or other documentation to each participant stating that they obtained their syringes from the exchange.

2015 (HB712)

On October 22nd 2015 NC Governor McCrory signed the Pilot Project/Used Needle Disposal bill, into law. This new law does two things. First, it states that anyone who declares a syringe or sharp object to a law enforcement officer prior to search cannot be charged for possession of the object or for any drug residue inside the object.

Second, H 712 authorizes 4 NC counties (Brunswick, Guilford, Cumberland and Haywood) to establish pilot programs to collect and safely dispose of used syringes in their communities. NCHRC started these pilot programs on December 1, 2015.

2013 (HB850)

Possession of Needles/ Tell Law Officer, effective December 1, 2013, states that if a person alerts an officer to the fact that he/she has a hypodermic needle or other sharp object on her person, premises or vehicle prior to a search he/she cannot be charged or prosecuted with possession of drug paraphernalia for that object. The purpose of this law is to protect officers from punctures or wounds from sharp objects that could be potentially contaminated with HIV or hepatitis C and to encourage suspects to be honest with officers about paraphernalia they may have in their possession.

You can buy syringes at pharmacies in NC, but the pharmacist can decide not to sell you syringes.

Overdose Prevention Laws in NC

SB20 911 Good Samaritan/ Naloxone Access law, effective April 9, 2013, states that individuals who experience a drug overdose or persons who witness an overdose and seek help for the victim can no longer be prosecuted for possession of small amounts of drugs, paraphernalia, or underage drinking. The purpose of the law is to remove the fear of criminal repercussions for calling 911 to report an overdose, and to instead focus efforts on getting help to the victim.

The Naloxone Access portion of SB20 removes civil liabilities from doctors who prescribe and bystanders who administer naloxone, or Narcan, an opiate antidote which reverses drug overdose from opiates, thereby saving the life of the victim. SB20 also allows community based organizations to dispense Narcan under the guidance of a medical provider. As a result, officers may encounter people who use opiates and their loved ones carrying overdose reversal kits that may include Narcan vials, 3cc syringes, rescue breathing masks and alcohol pads.

Full text of SB20 is available here:

http://openstates.org/nc/bills/2013/SB20/documents/NCD00022391/

As of August 1, 2015, a person who seeks medical assistance for someone experiencing a drug overdose cannot be considered in violation of a condition of parole, probation, or post-release, even if that person was arrested. The victim is also protected. Also, the caller must provide his/her name to 911 or law enforcement to qualify for the immunity. Pharmacists are now immune from civil or criminal liability for dispensing naloxone to people at risk of an opioid overdose.

The bill enabling this law was called SB154, Clarifying the Good Samaritan Law. Full text is available at:

http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015&BillID=S154

Courtesy of NCHRC

https://www.nchrc.org/harm-reduction/syringe-access-laws-in-nc/