(a) Exchanges under the sterile needle and syringe exchange program shall be exempt from the provisions of §§ 4762, 4771, and 4772 of Title 16 for the participant or for the employees of the Division or designated program staff, whenever the possession or distribution of the controlled paraphernalia or hypodermic syringe or needle is a direct result of the employee’s or participant’s activities in connection with the work of the program authorized under this subchapter.
(b) Notwithstanding the provisions of subsection (a) of this section, a program staff member or program participant is not immune from criminal prosecution for:
(1) The redistribution of hypodermic needles or syringes in any form;
(2) Any activities not authorized or approved by the program; or
(3) Violation of laws prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances.
75 Del. Laws, c. 428, § 1; 78 Del. Laws, c. 13, § 50; 78 Del. Laws, c. 86, § 1.
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