Overview

Fact Sheets

Background Information about Senate Bill (SB) 1159 (Vasconcellos)

In 2004, Governor Schwarzenegger signed into law SB 1159, which allows California pharmacies, when authorized by a local government, to sell up to ten (10) syringes to an adult without a prescription. Physicians, nurses, pharmacists, healthcare workers, AIDS and liver disease educators supported the law, which incurs no new costs. Without local ordinances, the sale and possession of syringes without a prescription remains illegal under the law.

The scarcity of syringes caused by regulation contributes to California’s high rates of HIV/AIDS and hepatitis C, diseases that are transmitted when drug users and others share contaminated syringes. Preventing the spread of the disease will save California taxpayers hundreds of millions of dollars.

  • Over 26,000 Californians have been diagnosed with AIDS due to syringe sharing since 1981 .1Over one thousand Californians are infected with HIV through syringe sharing each year.2
  • At least 60% of new hepatitis C cases in the US each year are attributable to the sharing of contaminated injection equipment.3 Hepatitis C infection is the leading cause of chronic liver cancer and cirrhosis in the US.4, 5
  • As of 2001, an estimated 600,000 Californians were infected with hepatitis C, with an additional 3,000 new infections each year attributable to the sharing of contaminated syringes.6
  • The annual cost of treatment for liver disease ranges from $15,000 to $20,000. The cost of a liver transplant is an additional $300,000.7
  • Peace officers are at risk of exposure to hepatitis C or HIV due to accidental needle-stick injuries.8
  • A recent study found that 29.7% of San Diego police officers surveyed had suffered a needle-stick injury on duty, usually during a pat-down or search. In the six months following a similar change in Connecticut law, needle-stick injuries to police officers decreased by 66%.9
  • Numerous studies concur that improved syringe access reduces the rate of HIV transmission, without increasing rates of drug use, drug injection, or crime.10
  • A study published in 2001 compared rates of injection drug use and rates of HIV among injection drug users in 96 US cities. 60 cities did not require a prescription for the sale of syringes and 36 did require a prescription. There was no statistically significant difference in the prevalence of injection drug use between the two groups of cities. However, the rate of HIV among injection drug users was twice as high in the cities that prohibited sale of syringes (13.8% v 6.7%).11
  • Sharing contaminated syringes is linked to 19% of all AIDS cases in California.12
  • The link between injection drug use and HIV is particularly strong for women and people of color. In California, 37% of cumulative AIDS cases among women, 24.3% of cases among African American men and women and 22.4% of cases among Latinas are attributable to syringe sharing.13

Changes to the Law

SB 1159 made several changes to California code. The law:

1. Allows pharmacies to sell or furnish up to 10 syringes to an adult without a prescription, pursuant to authorization by a city or county government. This provision will sunset on December 31, 2010. Pharmacies must:

  • Enroll with the local health department;
  • Provide some method of syringe disposal, including sale of sharps containers;
  • Provide information on how to access drug treatment;
  • Provide information on how to access screening for HIV and hepatitis C; and
  • Store syringes behind the counter, out of reach of customers;

2. Amends code regarding unlawful possession of a syringe to exclude: a) syringes that have been containerized for safe disposal; and b) up to 10 syringes if obtained from an authorized source (the second provision will sunset on December 31, 2010);

3. Creates a new crime for the discard of syringes on playgrounds, beaches or parks;

4. Requires the California Department of Public Health to conduct an evaluation and provide to the Governor and Legislature a report on the impact of syringe sales on: rates of disease, rates of crime, rates of drug use, rates of needle-stick injury to law enforcement officers, and rates of unsafe discard of syringes.

Supporters of SB 1159 include:

  • AIDS Healthcare Foundation
  • AIDS Project Los Angeles
  • California Medical Association
  • California Nurses Association
  • California Pharmacists’ Association
  • California Retailers’ Association
  • Drug Policy Alliance Network
  • San Francisco AIDS Foundation
  • American Liver Foundation
  • Walgreens
  • Intl. Union United Food & Commercial Worker, AFL-CIO
  • Health Officers Association of California
  • Southern California HIV Advocacy Coalition
  • Alameda County Board of Supervisors
  • California National Organization for Women
  • CA Opioid Maintenance Providers
  • California Society of Addiction Medicine
  • California Primary Care Association
  • City and County of San Francisco City
  • Diabetes Coalition of California
  • Equality California
  • Lambda Letters Project
  • Marin Treatment Center
  • Santa Clara County Board of Supervisors
  • Waste Management, Inc.
  • Being Alive – Los Angeles
  • Harm Reduction Coalition
  • Kaiser Permanente Medical Care Program
  • County Alcohol and Drug Program Administrators Association of California
  • Sierra Club California
  • American Civil Liberties Union
  • County Health Executives Association of California