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AIDS SUPPORT GROUP OF CAPE COD, INC. v. TOWN OF BARNSTABLE

SJC-12224.

477 Mass. 296 (2017)

AIDS SUPPORT GROUP OF CAPE COD, INC. v. TOWN OF BARNSTABLE & others.

Supreme Judicial Court of Massachusetts, Barnstable.

June 14, 2017.

Attorney(s) appearing for the Case

Bennett H. Klein ( Andrew Musgrave also present) for the plaintiff.

Charles S. McLaughlin, Jr. , Assistant Town Attorney ( Ruth J. Weil , Town Attorney, also present) for the defendants.

Andrew H. DeVoogd , Kate F. Stewart , & Tiffany M. Knapp , for Massachusetts Infectious Diseases Society & others, amici curiae, submitted a brief.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.

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...

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