Delaware Code Title 29 Sec. 7993 – Criminal liability
(a) Exchanges under the sterile needle and syringe exchange program shall be exempt from the provisions of §§ 4762, 4771, and 4772 of Title 16 for the participant or for the employees of the Division or designated program staff, whenever the possession or distribution of the controlled paraphernalia or hypodermic syringe or needle is a direct result of the employee’s or participant’s activities in connection with the work of the program authorized under this subchapter.
Terms Used In Delaware Code Title 29 Sec. 7993
- Division: means the State Division of Public Health within the Department of Health and Social Services of the State. See Delaware Code Title 29 Sec. 7990
- Participant: means an injection drug user who exchanges a sterile needle and syringe unit pursuant to the program established in § 7991 of this title. See Delaware Code Title 29 Sec. 7990
(b) Notwithstanding the provisions of subsection (a) of this section, a program staff member or program participant is not immune from criminal prosecution for:
(1) The redistribution of hypodermic needles or syringes in any form;
(2) Any activities not authorized or approved by the program; or
(3) Violation of laws prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances.
75 Del. Laws, c. 428, § ?1; 78 Del. Laws, c. 13, § ?50; 78 Del. Laws, c. 86, § ?1;