With the proliferation of increasingly dangerous drugs, more and more drug overdoses are proving to be fatal. In an effort to decrease fatal overdose rates, states (including Hawaii) have enacted drug overdose immunity laws. These are a type of “Good Samaritan” law. They protect those who get help for someone suffering an overdose from prosecution for their personal drug use that police discover as a result of the call for help. They generally protect the overdose victim from prosecution as well.
These laws are intended to encourage people to get help for someone suffering an overdose and remain with them rather than leave the scene out of fear of being arrested.
What does the state’s immunity cover?
The law provides immunity from arrest, charge and prosecution for anyone who “in good faith” seeks medical assistance for a person experiencing a drug or alcohol overdose. This immunity also applies to the overdose victim, whether they get help for themselves or someone else does it for them.
“In good faith” typically means that someone sought help without any ulterior motive. For example, reporting a suspected overdose in the middle of a police search or arrest likely won’t qualify.
The immunity is for:
- Criminal offenses involving “possession of a controlled substance or drug paraphernalia”
- Offenses involving providing or purchasing alcohol for a minor
- Violations of parole, probation or a restraining order
Immunity applies if evidence of these things was gained only because someone called for help. The law applies as long as “a layperson would reasonably believe” that someone was suffering from an overdose.
What about offenses not specifically covered under the law?
Although the law provides immunity only for the offenses noted, it also states that the act of getting help “shall be considered by the court as a mitigating factor in any controlled substance or alcohol-related criminal prosecution for which immunity is not provided….” Even if someone is facing charges for another type of crime discovered because they sought help, it can’t hurt to make sure prosecutors and the court are aware of the circumstances.
Things can be chaotic at an overdose scene. Sometimes people are arrested and even charged despite their immunity. It can, therefore, be helpful to get legal guidance as soon as possible when things go wrong.