Title 42, The Public Health and WelfareRelease 119-102
§300ee–5 Use of Funds to Supply Hypodermic Needles or Syringes for Illegal Drug Use; Prohibition
Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXIII — PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME › § 300ee–5
Summary
Act funds may not buy needles or syringes for illegal drug use unless the Surgeon General finds a trial needle-exchange program reduces drug abuse and the public’s risk of infection with the agent that causes AIDS.
Full Legal Text
Title 42, §300ee–5
The Public Health and Welfare, Source: USLM XML via OLRC
None of the funds provided under this Act or an amendment made by this Act shall be used to provide individuals with hypodermic needles or syringes so that such individuals may use illegal drugs, unless the Surgeon General of the Public Health Service determines that a demonstration needle exchange program would be effective in reducing drug abuse and the risk that the public will become infected with the etiologic agent for acquired immune deficiency syndrome.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 100–607, Nov. 4, 1988, 102 Stat. 3048, known as the “Health Omnibus Programs Extension of 1988”. For complete classification of this Act to the Code, see
Short Title
of 1988
Amendments
note set out under section 201 of this title and Tables. Codification Section was enacted as part of the AIDS
Amendments
of 1988 and as part of the Health Omnibus Programs Extension of 1988, and not as part of the Public Health Service Act which comprises this chapter.
Amendments
1988—Pub. L. 100–690 substituted “Surgeon General of the Public Health Service” for “Surgeon General of the United States”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–690 effective immediately after enactment of Pub. L. 100–607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100–690, set out as a note under section 242m of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 300ee–5
Title 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102