Did you know that if you call 911 to get help for someone who appears to be suffering a drug overdose, you typically can’t be charged or prosecuted for your own personal use of drugs if police discover them when they arrive at the scene? Neither can the person who is overdosing.
That’s thanks to a Kentucky law that was enacted to help reduce overdose fatalities when minutes can mean the difference between life and death. Other states have similar laws that are intended to encourage people to get help immediately rather than leave the scene out of fear of arrest.
These “Good Samaritan” or “overdose immunity” laws vary by state. Some provide more immunity than others. Let’s take a look at Kentucky’s law.
Some highlights of the law
Under Kentucky’s law, people are exempt from “prosecution for possession of controlled substance or drug paraphernalia” and some other drug-related offenses if they make a “good faith” effort to get medical assistance for another person (or themselves) who appears to be overdosing, and the evidence is obtained only because of the call for help.
That exemption extends to the person overdosing if someone else sought help for them. Further, if more than one person acted to get help (for example, if a couple of people drive someone to an urgent care facility), they can all qualify for this immunity.
“Good faith” means that someone is seeking help with no ulterior motive. For example, the law does not provide immunity if someone is “seeking medical assistance during the course of the execution of an arrest warrant, or search warrant, or a lawful search.” The person who seeks help from a “public safety answering point, emergency medical services, a law enforcement officer, or a health practitioner” also must remain at the scene until help arrives or is provided. Note that the law doesn’t apply to non-drug-related crimes if evidence of them is discovered at the scene.
Police and prosecutors can and do make mistakes. If you are charged with a crime that’s covered under this law, it’s important to get legal guidance as soon as possible to protect your rights and make your case.