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Illinois Compiled Statutes

720 ILCS 635/1 (2026)

Possession of hypodermic syringes and needles

✓ current as of May 2026
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(720 ILCS 635/1) (from Ch. 38, par. 22-50)
    Sec. 1. Possession of hypodermic syringes and needles.
    (a) Except as provided in subsection (b), no person, not being a physician, dentist, chiropodist or veterinarian licensed under the laws of this State or of the state where he resides, or a registered professional nurse, or a registered embalmer, manufacturer or dealer in embalming supplies, wholesale druggist, manufacturing pharmacist, registered pharmacist, manufacturer of surgical instruments, industrial user, official of any government having possession of the articles hereinafter mentioned by reason of his or her official duties, nurse or a medical laboratory technician acting under the direction of a physician or dentist, employee of an incorporated hospital acting under the direction of its superintendent or officer in immediate charge, or a carrier or messenger engaged in the transportation of the articles, or the holder of a permit issued under Section 5 of this Act, or a farmer engaged in the use of the instruments on livestock, or a person engaged in chemical, clinical, pharmaceutical or other scientific research, or a staff person, volunteer, or participant in a needle or hypodermic syringe access program, shall have in his or her possession a hypodermic syringe, hypodermic needle, or any instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.
    (b) A person who is at least 18 years of age may purchase from a pharmacy and have in his or her possession up to 100 hypodermic syringes or needles.
(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)

    
Notes of Decisions
Cited in 26 cases (6 in the last 5 years), 1993–2026 · leading case: People v. Lampitok, 798 N.E.2d 91 (Ill. 2003).
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People v. Lampitok, 798 N.E.2d 91 (Ill. 2003). “1 (West 1998)), unlawful possession of a hypodermic syringe (720 ILCS 635/1 (West 1998)), unlawful possession of a controlled substance (720 ILCS 570/402(d) (West 1998)), and armed violence (720 ILCS 5/33A-2 (West 1998)).”
People v. Fiumetto, 2018 IL App (2d) 170230 (Ill. App. Ct. 2018). · cites it 5× “¶ 1 In these consolidated cases, the State appeals from the judgment of the circuit court of Lake County dismissing the charges of knowingly possessing a hypodermic syringe ( 720 ILCS 635/1 (West 2016) ) against defendants, Nicole E.”
People v. Cooke, 701 N.E.2d 526 (Ill. App. Ct. 1998). “720 ILCS 635/1, 550/4(b) (West 1996). In the trial court, these cases were treated as consolidated cases, without objection, even though no specific order of consolidation is found in the record.”
People v. Hammond, 925 N.E.2d 1185 (Ill. App. Ct. 2010). · cites it 2× “The police discovered these violations after Hammond was taken to the hospital on February 27, 2006, for a heroin overdose.”
People v. Presa, 2014 IL App (3d) 130255 (Ill. App. Ct. 2015). · cites it 5× “OPINION ¶1 Defendant, Bruno Presa, was charged with one count of possession of syringes under section 1 of the Hypodermic Syringes and Needles Act (Act) (720 ILCS 635/1 (West 2010)), when he was found in possession of approximately 500 used and uncapped hypodermic syringes in a…”
People v. Thomas, 760 N.E.2d 1012 (Ill. App. Ct. 2001). “5(a) (West 1998)), and unlawful possession of a hypodermic syringe (720 ILCS 635/1 (West 1998)). On August 28, 2000, defendant filed a motion to suppress evidence, alleging that the search of her purse and the subsequent search of her car were unconstitutional under the fourth…”
People v. Teper, 2016 IL App (2d) 160063 (Ill. App. Ct. 2016). “She was also charged with unlawful possession of hypodermic syringes (720 ILCS 635/1(a) (West 2014)) for possessing two hypodermic syringes to inject controlled substances.”
People v. Teper, 2016 IL App (2d) 160063 (Ill. App. Ct. 2017). “She was also charged with unlawful possession of hypodermic syringes (720 ILCS 635/1(a) (West 2014)) for possessing two hypodermic syringes to inject controlled substances.”
People v. Presa, 2014 IL App (3d) 130255 (Ill. App. Ct. 2014). · cites it 5× “OPINION ¶1 Defendant, Bruno Presa, was charged with one count of possession of syringes under section 1 of the Hypodermic Syringes and Needles Act (Act) (720 ILCS 635/1 (West 2010)), when he was found in possession of approximately 500 used and uncapped hypodermic syringes in a…”
Connor v. Foster, 833 F. Supp. 727 (N.D. Ill. 1993). “720 ILCS 635/1 (1992). Consequently, caselaw, as it has developed since the time of the incident, would lead a law enforcement officer to believe that a person responsible for exposing another officer to a significant threat of contracting HIV could legally be compelled to…”
People v. Smith, 2016 IL App (3d) 140648 (Ill. App. Ct. 2016). “Smith and Kristopher Youngman, were each charged with one count of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2014)) and one count of unlawful possession of a hypodermic needle (720 ILCS 635/1 (West 2014)). The trial court subsequently granted each…”
People v. Goad, 2013 IL App (4th) 120604 (Ill. App. Ct. 2013). · cites it 2× “Goad, filed separate motions to dismiss the State’s charge of unlawful possession of a hypodermic needle (720 ILCS 635/1 (West 2008)) in two different cases contending that the State unreasonably delayed filing the charges.”
Show all 26 citing cases →
— 720 ILCS 635/1(a) — 6 cases
People v. Teper, 2016 IL App (2d) 160063 (Ill. App. Ct. 2016). “She was also charged with unlawful possession of hypodermic syringes (720 ILCS 635/1(a) (West 2014)) for possessing two hypodermic syringes to inject controlled substances.”
People v. Fiumetto, 2018 IL App (2d) 170230 (Ill. App. Ct. 2018). “¶ 1 In these consolidated cases, the State appeals from the judgment of the circuit court of Lake County dismissing the charges of knowingly possessing a hypodermic syringe ( 720 ILCS 635/1 (West 2016) ) against defendants, Nicole E.”
People v. Teper, 2016 IL App (2d) 160063 (Ill. App. Ct. 2017). “She was also charged with unlawful possession of hypodermic syringes (720 ILCS 635/1(a) (West 2014)) for possessing two hypodermic syringes to inject controlled substances.”
People v. Presa, 2014 IL App (3d) 130255 (Ill. App. Ct. 2015). “OPINION ¶1 Defendant, Bruno Presa, was charged with one count of possession of syringes under section 1 of the Hypodermic Syringes and Needles Act (Act) (720 ILCS 635/1 (West 2010)), when he was found in possession of approximately 500 used and uncapped hypodermic syringes in a…”
People v. Presa, 2014 IL App (3d) 130255 (Ill. App. Ct. 2014). “OPINION ¶1 Defendant, Bruno Presa, was charged with one count of possession of syringes under section 1 of the Hypodermic Syringes and Needles Act (Act) (720 ILCS 635/1 (West 2010)), when he was found in possession of approximately 500 used and uncapped hypodermic syringes in a…”
— 720 ILCS 635/1(b) — 1 case
People v. Fiumetto, 2018 IL App (2d) 170230 (Ill. App. Ct. 2018). “¶ 1 In these consolidated cases, the State appeals from the judgment of the circuit court of Lake County dismissing the charges of knowingly possessing a hypodermic syringe ( 720 ILCS 635/1 (West 2016) ) against defendants, Nicole E.”
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