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OH HB274
Bill
Status
9/3/2009
Primary Sponsor
Tyrone Yates
Click for details
AI Summary
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Establishes affirmative defense to criminal charges involving possession of hypodermics or syringes for persons 18 years or older who possess them to avoid HIV exposure through clean needle use.
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Allows authorized distributors (manufacturers, pharmacists, terminal distributors of dangerous drugs, and certified diabetes educators) to sell or furnish hypodermics without a prescription to adults 18+ who request them for HIV prevention purposes.
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Provides immunity from criminal liability and civil damages for authorized sellers who furnish hypodermics without prescription to adults 18+ in accordance with these provisions.
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Amends sections 2923.24 (criminal tools), 2925.12 (drug abuse instruments), 2925.14 (drug paraphernalia), and 3719.172 (hypodermic possession and sale) of the Revised Code to incorporate these defenses and exemptions.
Legislative Description
To provide an affirmative defense to certain offenses involving a hypodermic or syringe that the person is 18 years of age or older and possesses or otherwise obtains the hypodermic or syringe for the purpose of having a clean needle to avoid HIV exposure and to permit an authorized person to sell or furnish a hypodermic without a prescription to a person who is 18 years of age or older and who wishes to obtain it for that purpose.
Affirmative defense- hypodermic syringe- obtained to avoid HIV exposure
Last Action
To Criminal Justice
9/3/2009