AIDS Support Group of Cape Cod, Inc. v. Town of Barnstable

Prior to 2006, G. L. c. 94C, § 27, provided criminal penalties for the possession, delivery, sale, or exchange of hypodermic needles without a prescription. In 2006, the Legislature amended the statute to regulate only the sale of such needles, thereby decriminalizing, inter alia, the possession of hypodermic needles. See St. 2006, c. 172, §§ 2, 3 (2006 act).

Since 2009, AIDS Support Group of Cape Cod, Inc. (ASGCC), has been operating a free hypodermic needle “access” program in Hyannis, a village in Barnstable. It provides clean syringes without charge to those who use intravenous drugs, in…