{"data":{"id":"us-nc/n.c.-gen.-stat.-90-113.27","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 90-113.27","heading":"Needle and hypodermic syringe exchange programs authorized; limited immunity.","body":"(a)\tAny governmental or nongovernmental organization, including a local or district health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, may establish and operate a needle and hypodermic syringe exchange program. The objectives of the program shall be to do all of the following:\n(1)\tReduce the spread of HIV, AIDS, viral hepatitis, and other bloodborne diseases in this State.\n(2)\tReduce needle stick injuries to law enforcement officers and other emergency personnel.\n(3)\tEncourage individuals who use drugs illicitly to enroll in evidence-based treatment.\n(4)\tReduce the number of drug overdoses in this State.\n(b)\tPrograms established pursuant to this section shall offer all of the following:\n(1)\tDisposal of used needles and hypodermic syringes.\n(2)\tNeedles, hypodermic syringes, and other injection supplies at no cost and in quantities sufficient to ensure that needles, hypodermic syringes, and other injection supplies are not shared or reused.\n(3)\tReasonable and adequate security of program sites, equipment, and personnel. Written plans for security shall be provided to the police and sheriff's offices with jurisdiction in the program location and shall be updated annually.\n(4)\tEducational materials on all of the following:\na.\tOverdose prevention.\nb.\tThe prevention of HIV, AIDS, and viral hepatitis transmission.\nc.\tDrug abuse prevention.\nd.\tTreatment for mental illness, including treatment referrals.\ne.\tTreatment for substance abuse, including referrals for medication assisted treatment.\n(5)\tAccess to opioid antagonist kits that contain an opioid antagonist that is approved by the federal Food and Drug Administration for the treatment of a drug overdose, or referrals to programs that provide access to an opioid antagonist that is approved by the federal Food and Drug Administration for the treatment of a drug overdose.\n(6)\tFor each individual requesting services, personal consultations from a program employee or volunteer concerning mental health or addiction treatment as appropriate.\n(c)\tNotwithstanding any provision of the Controlled Substances Act in Article 5 of Chapter 90 of the General Statutes or any other law, no employee, volunteer, or participant of a program established pursuant to this section shall be charged with or prosecuted for possession of any of the following:\n(1)\tNeedles, hypodermic syringes, or other injection supplies obtained from or returned to a program established pursuant to this section.\n(2)\tResidual amounts of a controlled substance contained in a used needle, used hypodermic syringe, or used injection supplies obtained from or returned to a program established pursuant to this section.\nThe limited immunity provided in this subsection shall apply only if the person claiming immunity provides written verification that a needle, syringe, or other injection supplies were obtained from a needle and hypodermic syringe exchange program established pursuant to this section. In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution under this section shall not be subject to civil liability for the arrest or filing of charges.\n(d)\tPrior to commencing operations of a program established pursuant to this section, the governmental or nongovernmental organization shall report to the North Carolina Department of Health and Human Services, Division of Public Health, all of the following information:\n(1)\tThe legal name of the organization or agency operating the program.\n(2)\tThe areas and populations to be served by the program.\n(3)\tThe methods by which the program will meet the requirements of subsection (b) of this section.\n(e)\tNot later than one year after commencing operations of a program established pursuant to this section, and every 12 months thereafter, each organization operating such a program shall report the following information to the North Carolina Department of Health and Human Services, Division of Public Health:\n(1)\tThe number of individuals served by the program.\n(2)\tThe number of needles, hypodermic syringes, and needle injection supplies dispensed by the program and returned to the program.\n(3)\tThe number of opioid antagonist kits distributed by the program.\n(4)\tThe number and type of treatment referrals provided to individuals served by the program, including a separate report of the number of individuals referred to programs that provide access to an opioid antagonist that is approved by the federal Food and Drug Administration for the treatment of a drug overdose. (2016-88, s. 4; 2017-74, s. 8; 2019-159, s. 3.1; 2023-15, s. 2(b).)","path":["Chapter 90. Medicine and Allied Occupations.","Article 5B. Drug Paraphernalia."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-113.27.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:12:48Z","sha256":"e5078386854d4d173f847d5d752ab1c8b18c4039dc7cdeecf53f5d0bbc83748a","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-90-113.26","next":"us-nc/n.c.-gen.-stat.-90-113.28"},"notice":"GroundRules: Original legal text. Not legal advice."}