TITLE 21
Food And Drugs

CHAPTER 21-28.9
The Good Samaritan Overdose Prevention Act of 2016

SECTION 21-28.9-4


§ 21-28.9-4 Emergency overdose care – Immunity from legal repercussions.

(a) Any person who, in good faith, without malice and in the absence of evidence of an intent to defraud, seeks medical assistance for someone experiencing a drug overdose or other drug-related medical emergency shall not be charged or prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug-involved premises, if the evidence for the charge was gained as a result of the seeking of medical assistance.

(b) A person who experiences a drug overdose or other drug-related medical emergency and is in need of medical assistance shall not be charged or prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug-involved premises, if the evidence for the charge was gained as a result of the overdose and the need for medical assistance.

(c) The act of providing first aid or other medical assistance to someone who is experiencing a drug overdose or other drug-related medical emergency may be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act.

(d) The immunity related to the possession of a controlled substance or drug paraphernalia or the operation of a drug-involved premises afforded under this section shall also extend to a violation of probation and/or parole on those grounds.

History of Section.
(P.L. 2016, ch. 1, § 1; P.L. 2016, ch. 2, § 1.)