BILL NUMBER: S8520
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the general business law, in relation to clarifying the
definition of drug-related paraphernalia
 
SUMMARY OF PROVISIONS:
Subdivision 2 of section 850 of the general business law is amended to
read as follows:
(b) "Drug-related paraphernalia" shall not include materials used to
inject, inhale, ingest or otherwise introduce a substance-into the human
body.
 
PURPOSE AND JUSTIFICATION:
When using opioids or other illicit substances, injecting the drug is
one of riskiest ways to introduce the substance to the body. People who
inject fentanyl are 40% more likely to overdose, compared to people who
ingested through inhalation (smoking). They were also 253% more likely
to have an abscess. Inhalation of opioids also reduced the transmission
of blood-borne viruses (HIV, HCV, etc) compared to injecting.
While inhaling substances is generally less risky than injection, safe
inhalation supplies are still considered paraphernalia according to NY's
Business Law. This prohibits NYS funding for safer inhalation, as these
supplies are not technically legal to own. New York has already
exempted hypodermic needles and syringes from the drug paraphernalia
laws. Research on syringe access shows that when people who use drugs
have access to proper equipment and disposal options, the prevalence of
unsafe, discarded materials in public areas is reduced. Changes in the
legislation also reduced the burden on law enforcement to police drug
paraphernalia for personal consumption.
By further updating the language, which currently exempts "hypodermic
needles, hypodermic syringes and other objects used for the purpose of
parenterally injecting controlled substances" to instead exempt all
"materials used to inject, inhale, ingest or otherwise introduce a
substance into the human body," New York State would be better posi-
tioned to respond to the evolving needs of organizations and agencies
combating the current overdose crisis.
On June 3rd, 2025, Dr. Kimberly Boulden (Director of Operations for
MATTERS) testified before the New York State Assembly Alcoholism &
Substance Abuse Committee and recommended this legislation.
 
PRIOR LEGISLATIVE HISTORY:
New legislation.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately
1 https://www.sciencedirect.com/science/
article/abs/pii/S0376871623012917