(A) (1) Except as provided in division (A)(2) of this section, no person, not being a physician, dentist, chiropodist, veterinarian licensed under the laws of this state or of the state where he resides, 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 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 official in immediate charge, or a carrier or messenger engaged in the transportation of the articles, or the holder of a permit issued under ILCS Ch. 720, Act 635 § 5, farmer engaged in the use of the instruments on livestock, or 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.
(2) 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.
(B) Violation of this section is an offense punishable by a fine as provided for in this code 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 §§ 1, 4) Penalty, see § 130.99