Legal Question in Criminal Law in California

Since maybe 7% of the population are diabetics I would be surprised if you would ever get in trouble for possessing needles, regardless of whether you have a receipt, unless you were also found in possession of some illegal drug.

Don't you mean hypodermic needle? Hyperdermic means above the skin, which does not make sense.

Are you rationalizing? If you have hypodermic needles, and you are diabetic, and have insulin with you, I'm sure you would be fine. If you have hypodermic needles, and are carrying black tar heroin, then you have a problem and it is not legal.

In California, you are only allowed to have hypodermic needles with a prescription.

Actually:

"No person shall possess or have under his or her control any hypodermic needle or syringe except when acquired in accordance with this article." (Bus. & Prof. Code, � 4140.)

"No person shall furnish hypodermic needles or syringes, by sale or otherwise, without a license issued by the board, except as otherwise provided by this article." (Bus. & Prof. Code, � 4141.)

"Except as otherwise provided by this article, no hypodermic needle or syringe shall be sold at retail except upon the prescription of a physician, dentist, veterinarian, podiatrist, or naturopathic doctor pursuant to Section 3640." (Bus. & Prof. Code, � 4142.)

"A person may sell or obtain hypodermic needles and hypodermic syringes without a prescription or permit, for uses that the board determines are industrial, and that person shall not be required to comply with Section 4145 or 4146." (Bus. & Prof. Code, � 4144.)

However, there is also this section, which appears to conflict:

http://codes.lp.findlaw.com/cacode/HSC/1/d105/4/13.5/s121285

In a city or county that has authorized participation in the project, a pharmacist may provide up to 10 hypodermic needles and syringes to an individual for personal use. (Bus. & Prof. Code, � 4145 subd. (a)(2).)

http://codes.lp.findlaw.com/cacode/BPC/1/d2/9/9/s4145

The purpose of that project is to evaluate "the long-term desirability of allowing licensed pharmacists to furnish or sell nonprescription hypodermic needles or syringes to prevent the spread of blood-borne pathogens, including HIV and hepatitis C." (Health & Saf. Code, � 121285(a).)

So in other words, if your county has a program, you can have up to 10 that you obtained from a phramacist, without a prescription, because preventing the spread of HIV and hepatitis are more important than cracking down on your drug use.