Every year, thousands of people die from drug overdoses in Pennsylvania. The overdose epidemic, however, spans every state.
Many of these overdoses wouldn’t be fatal if people got quick medical intervention. Too often, however, those who are with the overdose victim panic and leave the scene out of fear of being arrested and charged for their own drug use.
That’s why states, including Pennsylvania, have enacted laws that provide limited immunity from drug charges for those who seek emergency help for an overdose victim.
Each state’s law varies in the details. Let’s look at Pennsylvania’s “Drug overdose response immunity” law.
What does someone need to do to receive immunity?
To qualify to receive immunity from criminal charges, a person must:
- Report a drug overdose through 911, law enforcement, campus security or emergency services “in good faith.” That means they must do it only to get help and not, for example, to avoid an imminent arrest.
- Provide their real name and location
- Remain with the overdose victim
- Cooperate with all first responders
This immunity extends to the overdose victim, whether someone else seeks help for them or they call for help for themselves. Note also that even if it turns out someone wasn’t suffering an overdose, as long as “a prudent layperson, possessing an average knowledge of medicine and health, would reasonably believe that the condition is in fact a drug overdose and requires immediate medical attention,” the law applies.
What offenses receive immunity?
The law is intended to protect people from being charged for possessing a relatively small amount of illegal drugs (enough for personal use) and drug paraphernalia. That’s if evidence of the drugs was found only because they sought help for an overdose. The law also provides immunity from consequences for violating the terms of probation or parole.
The law doesn’t provide immunity from being charged with other offenses, including serious drug offenses like trafficking, even if evidence is found because of their “Good Samaritan” actions. It’s always worth bringing this to the attention of prosecutors and the court, however, for consideration in charging and prosecution.
The law doesn’t specifically protect people from arrest. Police may not always know the full story when they arrive at an overdose scene. However, if you believe you’ve been wrongfully charged based on the law or are facing other charges as a result, it’s smart to get legal guidance as soon as possible.