California law (AB1743) allows licensed dispensaries and physicians throughout the state to sell or provide an unlimited number of non-prescription syringes to customers over the age of 18, and allows adults to purchase and possess syringes for personal use if purchased from an authorized source. The law states that pharmacists, physicians and needle exchange programs are authorized sources of over-the-counter syringes for disease prevention. Injection drug use and sharing of syringes or other injection devices contribute to the spread of blood-borne diseases. People who actively inject drugs are more likely to share needles if they do not have access to clean needles. When this happens, HIV and hepatitis B and C spread rapidly, not only to drug users, but also to their sexual partners. Studies have shown that providing an accessible alternative to needle exchange helps reduce the transmission of HIV and hepatitis C in this population. Over-the-counter needle use (NSN) is an effective intervention to prevent blood-borne infections (i.e. HIV, hepatitis B and C) among people who inject drugs and their sexual partners. The Access to Pharmacies Bill (AB 2077) protects both the discretion of pharmacists to provide hypodermic syringes without a prescription and the right of drug users to possess needles without fear of prosecution.
Allowing adults to purchase sterile needles without a prescription from community pharmacies is a strong public health strategy supported by virtually all major health organizations, including the American Medical Association, the Institute of Medicine, the American Pharmacist Association and the National Alliance of State and Territorial AIDS Directors. The measure, which was already extended in 2014, also requires pharmacists to inform consumers about the safe disposal of syringes and to give them access to disposal containers, as well as to educate them on HIV and hepatitis prevention, treatment and testing. Because syringes are sold to consumers through participating pharmacies, there is no cost to the state, while the state is protected from the significant health costs associated with treating these life-threatening diseases. “The governor`s signature ensures that safe and legal access to sterile syringes in pharmacies will continue to prevent the transmission of HIV and hepatitis C,” said Congressman Phil Ting (D-San Francisco), author of AB 2077. without increasing rates of drug use, injection or crime. The problems seen in the Central Valley have manifested themselves elsewhere in the state. In Los Angeles in 2010, researchers` attempts to purchase were granted at the same rate (21%) as in the two Central Valley counties. And while San Francisco pharmacists were much more likely to sell syringes to study participants (63%), none provided the necessary health information. In 2014, Pollini found that the majority of pharmacists surveyed were openly opposed to selling needles to drug users. Of just over 400 pharmacists and other staff, the vast majority (79 per cent) reported selling over-the-counter syringes to diabetics, but only 113 or 29 per cent reported doing the same for “a known or suspected illicit drug injector.” AB1743 requires authorized NPSS sources to advise consumers on the safe disposal of syringes. Californians will still be allowed to buy sterile syringes and needles at community pharmacies without a prescription, thanks to Governor Gavin Newsom`s Sept.
29 signing of legislation to renew an exemption that would otherwise have expired at the end of the year. California Assembly Bill 1743 (Ting, Chapter 331, 2014 Bylaws) allows California physicians and pharmacists to provide or sell non-prescription syringes to adults 18 years of age and older for disease prevention. Participating pharmacies must provide funding for the safe disposal of needles, as well as information on access to drug treatment, access to HIV and hepatitis testing and treatment, and safe disposal of sharps waste. Participation is optional and the best way to find out if a particular pharmacy offers over-the-counter syringes (NPSS) is to contact them directly. A list of pharmacies known to offer NPSS in Sacramento County is listed below. Pharmacies with NPSS as of 12.11.2017 When buyers have succeeded, their experiences have often not been ideal. They often had to provide identifying information in a “logbook,” which seems forbidden to drug users facing pervasive stigma. What`s even more concerning is that “few” pharmacists who sold syringes to study participants even provided the legally required health education materials for the treatment of substance use disorders, HIV/hepatitis C, and safe needle disposal – all of which are available online. “By signing this bill, Governor Newsom has rightly demonstrated that he understands the need to provide sterile syringes to people who use drugs to prevent infectious diseases,” said Jeannette Zanipatin, California director of the Drug Policy Alliance. “At a time when we are already trying to contain the shock of COVID-19 and an overdose crisis exacerbated by the pandemic, it is critical that we ensure that we protect the health of our most vulnerable communities with this cost-effective measure and that we do not further overwhelm the public health system.
About a year earlier, Pollini found that practical barriers also arose between Californians who could access syringes at their local pharmacies. In 2013, Pollini`s team sent four syringe buyers — including white and Latino (presumably cisgender) women and men — to nearly 250 retail pharmacies in both counties, who were then asked about their perspectives on drug users. Only one in five (21%) attempts to purchase syringes were successful. Criminalization injections are included in the state`s drug paraphernalia laws, with no exception for SSP participants. There is no protection from prosecution for drug residues on returned syringes. AB1743 lifts the previous limit of 30 set by pharmacies and physicians for over-the-counter syringes and removes the limit of 30 syringes set for the individual purchase and possession of over-the-counter syringes. Almost half (45%) of pharmacies still needed a prescription. Other common reasons for failed attempts were their diabetes status (31 per cent); pharmacy that does not stock the desired size and type of syringes (10 per cent) or does not provide syringes at all (9 per cent); or the buyer does not give a specific reason for the purchase (8%), which he is not legally obliged to do.
