Illinois Possession or Sale of Hypodermic Syringes or Needles

The Law – 720 ILCS 635/1 and 2

No person shall possess, deliver or sell a hypodermic syringe, hypodermic needle or any instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.

Exceptions: Doctors, dentists, pharmacist, manufacturers of surgical instruments, medical laboratory technicians or farmers.

Illinois prohibits the possession, delivery or selling of hypodermic syringes or needles ONLY if it is used in the injection of controlled substances or cannabis. Otherwise, the mere possession of a hypodermic needle does not violate any law in and of itself. In fact, pharmacies are allowed, by law, to sell up to 20 sterile syringes or needles to a person over 18.

The only individuals who are allowed to possess syringes or needles, for the sole purpose of injection of controlled substances, are the individuals listed above under “Exceptions.” These individuals use needles to inject controlled substances in hospital to patients or in other medical and research testing environments.

The Sentence

1st Offense

  • Class A Misdemeanor
  • Up to 364 days in jail
  • Up to $2,500 fine

2nd or Subsequent Offense

  • Class 4 Felony
  • 1 to 3 years in prison
  • Fine up to $25,000

Probation Possible? Yes

Supervision Possible? Yes, on misdemeanor charge.

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