It is defined in the Public Health Law. This discrepancy is not always clearly understood in the courts. Penal Code Section 220.03 criminalizes possession of illicit drugs, which includes drug residue. Syringe exchange participants have been prosecuted for possession of residue in used syringes. The Programs argue that the public health intent of the law is lost if participants cannot return used syringes to their Programs without fear of arrest or prosecution of drug residue.
Some prosecutors disagree.
Although it is now lawful under the Public Health Law to furnish syringes without prescription, the purposes for using those syringes may still be criminal. Historically, the New York State legislature has supported some of the most severe penalties for drug-related crimes, and it would be extraordinary to argue that the new amendment to the Public Health Law was not creating a significant exception to drug paraphernalia laws for public health purposes. The NYPD has periodically issued orders to its officers regarding syringe exchange programs, and has recently issued orders regarding the new amendment to the Public Health Law. The NY State Department of Health collaborates with the NYPD on training and education of police officers.