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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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