Legislative Analysis
Phone: (517) 373-8080
NEEDLE AND HYPODERMIC SYRINGE ACCESS PROGRAM
http://www.house.mi.gov/hfa
House Bill 5178 (H-1) as referred from subcommittee Analysis available at
Sponsor: Rep. Carrie A. Rheingans http://www.legislature.mi.gov
Committee: Health Policy
Complete to 11-5-24
SUMMARY:
House Bill 5178 would amend the Public Health Code to expressly allow a person to establish
a needle and hypodermic syringe access program if they are authorized to do so by the
Department of Health and Human Services (DHHS), a local health officer, a local health
department, or another governmental entity. The program would distribute sterile needles or
hypodermic syringes to individuals or provide them with other services, items, or equipment to
decrease the spread of communicable diseases. DHHS could develop and issue rules for these
provisions, including requirements for getting authorized to create such a program.
Limited immunity
Under the bill, the possession, distribution, or delivery of any of the following by an individual
who is served by, or who acts as an employee or volunteer for, a program described above would
not be a violation of section 7401 or 7403 of the Public Health Code 1 or a local ordinance that
substantially corresponds to those sections or that provides criminal penalties for the possession
of drug paraphernalia:
• A needle or hypodermic syringe, including one that is empty or unused.
• Drug paraphernalia.
• A controlled substance in a trace or residual amount in a used needle, hypodermic
syringe, or drug paraphernalia.
• Drug testing equipment, including a test strip or reagent.
Any otherwise admissible evidence could be used to establish that an individual is served by or
acts as an employee or volunteer for a program, including a program card, a sign-in sheet, or
testimony from a third party.
Drug paraphernalia
The bill would amend the prohibition against selling or offering for sale drug paraphernalia (as
defined in section 7451 of the code) to provide that it does not apply to a health professional
who is licensed, registered, or otherwise authorized under the Public Health Code and who, in
their professional capacity, sells drug paraphernalia or offers it for sale.
In addition, the prohibition against selling drug paraphernalia currently does not apply to an
object that is sold, offered for sale, or given away by a state or local governmental agency or by
someone authorized by such an agency to prevent the transmission of infectious agents. The bill
would instead exempt an object that is provided by a state or local governmental program or by
a needle and hypodermic syringe access program created as described above.
MCL 333.7401 et seq. and proposed MCL 333.5137
1
Those sections respectively address the manufacture/delivery and possession of controlled substances.
House Fiscal Agency Page 1 of 3
BRIEF DISCUSSION:
Often called syringe services programs (SSPs), needle and hypodermic syringe access programs
are already allowed under Michigan law, which for decades has exempted from laws banning
the sale of drug paraphernalia any objects provided by or under the authorization of a state or
local governmental agency to prevent the transmission of infectious agents. 2
These programs provide services to prevent unsafe drug use and reduce the incidence of HIV
and viral hepatitis. In addition to providing sterile needles and syringes and facilitating the safe
disposal of used syringes, the programs can offer overdose protection (e.g., naloxone), treatment
services and referrals, onsite testing, vaccination, education and information services, care for
abscesses and other wounds, other physician prescription and health care services, and other
services generally intended to reduce the health and safety issues associated with drug use. 3
The bill would clarify the exemption from drug paraphernalia restrictions and also expressly
provide immunity from prosecution under other provisions of the code (e.g., those prohibiting
manufacture, possession, delivery, or use of a controlled substance) for individuals who violate
those provisions through their work or participation in such a program.
FISCAL IMPACT:
House Bill 5178 would have a likely minimal fiscal impact on state expenditures to the
Department of Health and Human Services and local units of government. Any fiscal impact
would be dependent on the cost of the administration of the needle and hypodermic syringe
access program by the state or a local health department should they choose to authorize the
program. Additional costs would be dependent on whether the state finds it necessary to
promulgate rules and requirements of the program.
The bill also would have an indeterminate fiscal impact on the state and on local units of
government. Individuals participating in programs or employed by or volunteering for programs
would no longer be committing offenses. The bill could result in decreased costs to the state and
to local court systems. A reduction in the number of felony charges would result in decreased
costs related to the state correctional system. In fiscal year 2023, the average cost of prison
incarceration in a state facility was roughly $49,000 per prisoner, a figure that includes various
fixed administrative and operational costs. State costs for parole and felony probation
supervision averaged about $5,400 per supervised offender in the same year. Those costs are
financed with state general fund/general purpose revenue. A reduction in the number of
misdemeanor charges would result in decreased costs related to county jails and/or local
misdemeanor probation supervision. Costs of local incarceration in county jails and local
misdemeanor probation supervision, and how those costs are financed, vary by jurisdiction.
Local court systems could experience a reduction in the number of cases. There could also be a
decrease in penal fine revenues which would decrease funding for local libraries, which are the
constitutionally designated recipients of those revenues.
2
See https://www.michigan.gov/mdhhs/-/media/Project/Websites/mdhhs/SSP/SSP-Directory_new---4-3-23.pdf
3
See https://www.cdc.gov/syringe-services-programs/php/index.html The DHHS site is here
https://www.michigan.gov/mdhhs/keep-mi-healthy/mentalhealth/drugcontrol/syringe-service-programs
For a history of SSPs in Michigan, see https://opioidprinciples.jhsph.edu/wp-content/uploads/2023/02/JHU-027-
Syringe-Services-Report-FINAL-v1.9.23-3-23.pdf
House Fiscal Agency HB 5178 (H-1) as referred to Health Policy Page 2 of 3
POSITIONS:
Representatives of the following entities testified in support of the bill (10-26-23):
• Michigan Overdose Prevention Coalition
• Opioid Advisory Commission
• Families Against Narcotics
The following entities indicated support for the bill:
• ACCESS Community Health and Research Center (6-13-24)
• Collegiate Recovery Program (10-26-23)
• Community Health Awareness Group (10-26-23)
• Decriminalize Nature Michigan (10-26-23)
• Families Against Narcotics (6-13-24)
• Grand Rapids Red Project (10-26-23)
• Harm Reduction Michigan (10-26-23)
• HIV/AIDS Alliance of Michigan (10-26-23)
• Kiwanis Club of Ann Arbor (10-26-23)
• Lookout Project (10-26-23)
• Michigan Association for Local Public Health (10-26-23)
• Michigan Association of Substances Addiction Providers (6-13-24)
• Michigan Drug Users Health Alliance (10-26-23)
• Michigan Overdose Prevention Coalition (6-13-24)
• Mid-State Health Network (10-26-23)
• Oakland County Harm Reduction Program (10-26-23)
• Oakland County Health Division (10-26-23)
• Pet Pals Mutual Aid of Washtenaw County (10-26-23)
• Prosecuting Attorneys Association Legislative Committee (10-26-23)
• Sacred Heart Rehabilitation Center (10-26-23)
• A Servant’s Heart (10-26-23)
• Shelter Association of Washtenaw County (10-26-23)
• Southeast Michigan Drug Users Union (10-26-23)
• Strategies to Overcome Obstacles and Avoid Recidivism (SOOAR) (10-26-23)
• Students for Sensible Drug Policy (10-26-23)
• Wayne County Health, Human, and Veteran Service Department (6-13-24)
• Wellness Services (10-26-23)
• WeRoc (10-26-23)
• Wolverine Street Medicine (10-26-23)
• Ypsi Bike Co-Op (10-26-23)
• Ypsilanti Peace House (10-26-23)
The Michigan Sheriffs’ Association indicated opposition to the bill. (6-13-24)
Legislative Analyst: Rick Yuille
Fiscal Analysts: Sydney Brown
Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 5178 (H-1) as referred to Health Policy Page 3 of 3


Statutes affected:
Substitute (H-1): 333.7401
Substitute (H-2): 333.7401
House Introduced Bill: 333.7401
As Passed by the House: 333.7401