220.45 Criminally possessing a hypodermic instrument

The state of New York has very clear laws regarding the possession of hypodermic needles and syringes. Since the possession of needles quite frequently indicates a person uses illegal drugs, the law bars unauthorized possession and sale. Conversely, legal possession of a hypodermic needle or syringe falls outside of the criminal statute detailed in section 220.45 of the penal code. 220.45 defines “Criminally possessing a hypodermic instrument.” In addition to the illegality of unlawful possession, the code also bars the unauthorized sale of sale of a hypodermic instrument.

A Misdemeanor Crime

Violations of Penal Code section 220.45 are considered Class A misdemeanors. A conviction for a Class A misdemeanor in New York State could lead to a maximum prison sentence of one year in jail or three years probation. Monetary fines may be imposed. The amount of the fine could be up to $1,000 or double the amount of any gain from the crime. As with any misdemeanor or felony charge, a conviction must come from guilt beyond a reasonable doubt.

Quite frequently during drug arrests, a suspect faces multiple charges. In addition to possession of a hypodermic instrument, a person may be charged with being under the influence of a controlled substance, possession of a controlled substance, disorderly conduct, and more. Multiple misdemeanors and possible felonies increase the severity of the penalties and the complexities of a potential defense strategy.

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Legal Scenario: What Would You Do?

Scenario

A recovering heroin addict enrolled in a needle exchange program was stopped by police during a routine subway bag check, and officers found three unused syringes in his backpack. He had documentation from the exchange program at home but was not carrying it at the time of the stop.

Can I be charged under New York Penal Law 220.45 for possessing hypodermic needles if I'm part of a legitimate needle exchange program but didn't have my paperwork on me?

Attorney's Answer

Under New York Penal Law § 220.45, criminally possessing a hypodermic instrument is a class A misdemeanor, but the law provides specific exemptions for individuals who obtained syringes through authorized needle exchange programs established under Public Health Law § 3381. Even without carrying documentation at the time of arrest, we can obtain records from your exchange program to establish your legal authorization and move to dismiss the charges. It's critical that we act quickly to gather this evidence and present it to the prosecutor, as proving your participation in an approved program is a complete defense to this charge.

This is general information only. Contact us for advice specific to your situation.

Drug Use Associated with Hypodermic Needles

The most common connection between illegal drug use and hypodermic needles would be utilizing a syringe to inject heroin. While heroin addiction does often require someone to use a hypodermic needle, other drugs do so as well. Painkillers, amphetamines, and anabolic steroids would be other drugs that sometimes require an injection delivery method. If residue from any illegal drug is found in a syringe, additional charges could, and likely would, be levied against the person in possession of the hypodermic instrument.

Possession of a Hypodermic Instrument Absent Drugs