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New Jersey statute

N.J.S.A. 2C:36-6.2 — Sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 36, New Jersey Statutes.

Criminal charges under this statute

Full text of N.J.S.A. 2C:36-6.2

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:36-6.2Primary source, current through the P.L.2025, c.346, and J.R.22
1. a. Notwithstanding any State law, rule, or regulation to the contrary, a licensed pharmacy may sell a hypodermic syringe or needle, or any other instrument adapted for the administration of drugs by injection, to a person over 18 years of age who presents valid photo identification to demonstrate proof of age or who otherwise satisfies the seller that the person is over 18 years of age, as follows: (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.

Official sources

Legal terms used in this section

Questions this section answers

Is sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances a crime in New Jersey?

Sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances is a disorderly persons offense in New Jersey, which is not a crime under the New Jersey Constitution (N.J.S.A. 2C:1-4) — it carries no criminal record and is heard in municipal court. Governed by N.J.S.A. 2C:36-6.2.

Which New Jersey statute covers sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances?

Sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances is governed by N.J.S.A. 2C:36-6.2 (Sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances).

This reference is informational and is not legal advice.