§ 136.07 SALE OR EXCHANGE OF DRUG USE INSTRUMENTS.
   (A)   No syringe, needle, or instrument shall be delivered or sold to, or exchanged with, any person except a registered pharmacist, physician, dentist, veterinarian, registered embalmer, manufacturer or dealer in embalming supplies, wholesale druggist, manufacturing pharmacist, industrial user, a nurse upon the written order of a physician or dentist, the holder of a permit used under ILCS Ch. 720, Act 635, § 5, a registered chiropodist, or an employee of an incorporated hospital upon the written order of its superintendent or officer in immediate charge. However, the provisions of §§ 136.06 through 136.09 shall not prohibit the sale, possession, or use of hypodermic syringes or hypodermic needles for treatment of livestock or poultry by the owner or keeper thereof 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.
   (B)   A pharmacist may sell up to 100 sterile hypodermic syringes or needles to a person who is at least 18 years of age. A syringe or needle sold under this division (B) must be stored at a pharmacy and in a manner that limits access to the syringes or needles to pharmacists employed at the pharmacy and any persons designated by the pharmacists. A syringe or needle sold at a pharmacy under this division (B) may be sold only from the pharmacy department of the pharmacy.
   (C)   Violation of this section is a misdemeanor for the first offense. Any second or succeeding offense is a felony and shall be prosecuted under appropriate state law.
(ILCS Ch. 720, Act 635, § 2, 4) Penalty, see § 130.99