New Jersey’s Syringe Decriminalization Law On January 18, 2022, Governor Murphy signed the Syringe Decrim Bill (S3493) into law. New Jersey’s new law, which went into effect immediately, decriminalizes use and possession of syringes and fentanyl test strips, and allows for expungement of previous convictions.
Why is decriminalization of syringes important for public health and wellbeing? Access to new, sterile syringes reduces HIV, Hepatitis C, skin infections, and associated health care costs. Criminalizing syringes makes people less likely to obtain and use new syringes. While a 2012 New Jersey law permitted buying up to ten syringes at a pharmacy without a prescription, New Jerseyans were charged over 55,000 times for syringe possession since that law passed.
New Jersey continued to punish people for syringe possession despite a 2012 law allowing for legal purchase of syringes at pharmacies. Between 2012 and the passage of the Syringe Decrim Bill, New Jerseyans were charged
55,000 TIMES FOR SYRINGE POSSESSION If you have questions about your rights under the syringe decriminalization law or believe that your rights have been violated, contact hello@njharmreduction.org
Why is decriminalization of fentanyl test strips important for public health and wellbeing? Fentanyl test strips are a tool people who use drugs can use to check if there is fentanyl in their drug supply, knowledge that helps with overdose prevention and risk reduction. Prior to the Syringe Decrim Bill, fentanyl test strips could have been considered drug paraphernalia, which meant public health programs were hesitant to distribute them and people could be punished for possessing them.
How does the new law treat syringes? The new law provides that “notwithstanding [the definition of drug paraphernalia], it shall not be unlawful for a person to use, or possess with intent to use, a hypodermic needle or syringe for personal use of a controlled substance, including when it contains residual amounts of a controlled substance.”
How does the new law treat fentanyl test strips? The legislation excludes fentanyl test strips (FTS) from the definition of drug paraphernalia in N.J.S.2C:36-1.
Are expungements under this law automatic? No, expungement is not automatic. People who believe they may be eligible for expungement under the new law should speak with an attorney for assistance.
What previous convictions can be expunged? For purposes of seeking and being eligible for expungement, the law provides that convictions for the following are no longer considered a conviction of a crime, but rather a conviction of a disorderly persons offense which is eligible for expungement under N.J.S.2C:52-3. Unlawful distribution or dispensing of drug paraphernalia when the paraphernalia is a hypodermic syringe or needle; Possession with intent to distribute or dispense drug paraphernalia when the paraphernalia is a hypodermic syringe or needle in violation of N.J.S.2C:36-3; Manufacture with intent to distribute or dispense drug paraphernalia when the paraphernalia is a hypodermic syringe or needle; or An equivalent crime in another jurisdiction, regardless of when it occurred.
For the purposes of seeking and being eligible for expungement, the law provides that convictions for the following are no longer considered a conviction at all: Use or possession with intent to use drug paraphernalia in violation of N.J.S.2C:36-2 when the paraphernalia is a hypodermic syringe or needle;; Possession with intent to use or distribute a hypodermic syringe or needle in violation of N.J.S.2C:36-6; or An equivalent crime in another jurisdiction, regardless of when it occurred.
Can people who have had previous convictions expunged also have syringe convictions expunged? Yes. While a person having had a previous criminal conviction expunged is often a bar to a subsequent petition for expungement, this is not the case when the petition is for expungement of records of conviction for: Possession with intent to use drug paraphernalia when the paraphernalia is a hypodermic syringe or needle; Possession with intent to distribute drug paraphernalia when the paraphernalia is a hypodermic syringe or needle; Possession or distribution of a hypodermic syringe or needle pursuant to N.J.S.2C:36-6.
This resource was developed with the technical assistance of the Vital Strategies Overdose Prevention Program and through the support of the Bloomberg Overdose Prevention Initiative. Please note that this information does not constitute legal advice or representation. Contact hello@njharmreduction.org with questions. | Updated in: September 2022
njharmreductioncoalition.org/syringe-access
@njharmreduction