Legal Question in Criminal Law in California

Re: syringes

Syringes are narcotics paraphernalia if they are intended for use in injecting a controlled substance for which you do not have a valid prescription. As far as I know it is not illegal to merely possess them, but selling or furnishing them is a misdemeanor. A publicly operated needle exchange or "clean needle" program is exempt from the law. Cal. Health & Safety Code � 11014(a), see also �� 11364.5(d) and 11364.7.

Obviously, the most common and well-known legal use of syringes by members of the public is by diabetics, but I am sure there are other medical conditions; other lawful substances that could be administered with a syringe; and even non-medical applications such as crafts and hobbies.

But the courts will consider all of the circumstances. If you are found lying in an alley with a tourniquet around your jaundiced, bleeding arm, it will be paraphernalia.

Re: syringes

It is illegal to have syringes unless they are part of a doctor's prescription. The prescription need not be for diabetes; there are many other medical conditions for which doctors prescribe injectable medications and syringes.