Can I carry syringes legally?

• Cal. Health & Saf. Code 11364

• Syringes are defined as paraphernalia if designed or marketed for injecting controlled substances into the body. Cal. Health & Saf. Code 11014.5 . Possession of paraphernalia is generally illegal. However, the possession of a syringe solely for personal use, if the syringe was given by a doctor, pharmacist, syringe exchange program (such as On Point!) or any other source authorized by law, is not illegal. Beginning January 1, 2021, possession of a syringe is not a crime regardless of the source.

• Delivery of paraphernalia is illegal, except as provided by law. Cal. Health & Safety Code § 11364.7.

• Syringe exchange is explicitly allowed by Cal. Health & Saf. § 121349(b).

• Physicians and pharmacists are also allowed to give out syringes to people 18 and over without a prescription. Cal. Bus. & Prof. Code § 4145.5(b).
  
  Am I able to carry Naloxone legally?

• Cal. Civ. Code § 1714.22; Cal. Bus. & Prof. Code § 4052.01; 16 CCR § 1746.3

• Prescribers may prescribe and give out naloxone, either directly or by standing order, to a person at risk of overdose or a family member, friend, or other person in a position to help.

• If a person receives naloxone via standing order, they must complete training from an opioid overdose prevention and treatment training program, which provided at the time On Point dispenses naloxone.

• Pharmacists may give naloxone to persons with a history of use of opioids or persons in contact with someone with a history of use of opioids without that person first getting a prescription for it as long as they follow a statewide protocol. The protocol requires the pharmacist to be trained. Before giving out naloxone, a pharmacist must provide a consultation outlined in the law.

• A health care provider acting with reasonable care has civil and criminal immunity for issuing a prescription for naloxone and cannot be professionally sanctioned.

• A person who gives out naloxone under a prescription or standing order is not subject to civil action, criminal prosecution, or professional review.

• A person who administers naloxone and has received proper training who acts with reasonable care, in good faith, and without payment is not subject to civil action, criminal prosecution, or professional review.
  
  Can I get in trouble for responding to an overdose?

• Cal Health & Safety Code, Division 2.5. Emergency Medical Services. Ch. 9 Liability Limitation § 1799.102

• No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter.

• It is the intent of the Legislature to encourage other individuals to volunteer, without compensation, to assist others in need during an emergency, while ensuring that those volunteers who provide care or assistance act responsibly.