In 2006, the Massachusetts legislature passed deregulation legislation exempting non-prescription syringe sales from the coverage of the paraphernalia law by striking from the definition of paraphernalia “hypodermic syringes, needles and other objects used, primarily intended for use or designed for use in parenterally injected controlled substances into the human body,” as well as all references to the words “inject” and “injecting.” The amendment also provided the drug paraphernalia law “shall not apply to the sale of hypodermic syringes or

B. Syringe Prescription Law

The Massachusetts Controlled Substances Act includes specific provisions regulating sale, control/possession, and disposal of hypodermic syringes. As amended in 2006, the Act provides:

Hypodermic syringes or hypodermic needles for the administration of controlled substances by injection may be sold in the commonwealth, but only to persons who have attained the age of 18 years and only by a pharmacist or by a wholesale druggist licensed under the provisions of chapter 112, a manufacturer of or dealer in surgical supplies or a manufacturer of or dealer in embalming supplies. When selling hypodermic syringes or hypodermic needles without a prescription, a pharmacist or wholesale druggist must require proof of identification that validates the individual’s age.


Mass. Gen. Laws ch. 94C § 27. Violation of the law is punishable by imprisonment for up to one year, a fine of up to $1,000, or both. Mass. Gen. Laws ch. 94C § 38. The law has been amended to legalize some syringe exchange programs, and possession of syringes by clients, as discussed below.