8. The possession of a hypodermic syringe or needle by a consumer who participates in, or an employee or volunteer of, a sterile syringe access program established pursuant to sections 3 and 4 of P.L.2006, c.99 (C. 26:5C-27 and C. 26:5C-28), as amended by P.L.2016, c.36, shall not constitute an offense pursuant to N.J.S. 2C:36-1 et seq. This provision shall extend to a hypodermic syringe or needle that contains a residual amount of a controlled dangerous substance or controlled substance analog.

L.2006, c.99, s.8; amended 2016, c.36, s.4.