The “911 Good Samaritan Law”, grants immunity from arrest and prosecution to certain individuals under certain circumstances.
If you commit a minor drug possession offense and evidence of that offense was discovered when police responded to a request for medical assistance for a drug overdose, you MAY be entitled to receive immunity from arrest and prosecution for that offense.
A request for medical assistance includes, but is not limited to:
- Making a 911 call;
- Contacting on-duty peace officer in person or by phone call; or
- Transporting a person who has overdosed on drugs or is experiencing a drug overdose to a healthcare facility.
Who can qualify for immunity?
You MAY qualify for immunity if ALL of the following applies to you:
- You are one of the following:
- A person acting in good faith who sought or obtained medical assistance for another person who was experiencing a drug overdose;
- A person who was experiencing a drug overdose and sought medical assistance for yourself for that overdose;
- A person who was experiencing a drug overdose and was the subject of another person seeking or obtaining medical assistance for that overdose; AND
- When police responded to a request for medical assistance for a drug overdose, the police discovered evidence that you committed a minor drug possession offense (a drug possession that is a misdemeanor or a felony of the fifth degree); AND
- You are not currently on community control or post-release control; AND
- You have not received immunity under this law twice previously.
IMPORTANT:
You need to be aware that immunity is not automatic. To receive immunity from arrest and prosecution for your minor drug possession offense, you MUST take certain steps that are required by law. You will not receive immunity from arrest and prosecution for your minor drug possession offense UNLESS you do BOTH of the following:
- You MUST seek and obtain a screening AND receive a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional. This MUST be done within 30 days of the request for medical assistance for the drug overdose.
- You MUST provide written verification to the prosecuting attorney that you sought and obtained a screening and received a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional within 30 days of the request for medical assistance for the drug overdose. The documentation that you provide to the prosecuting attorney need only show the date and time of the screening obtained and the referral received.
- Send the written verification to:
Need Help?
If you are unsure of how to contact a community addiction services provider or a properly credentialed addiction treatment professional, who to contact, or where to go, you can either of the numbers listed below:
Mental Health & Recovery: 513.732.5400
http://www.ccmhrb.com
Help 24/7: 513.528.SAVE (7283)
https://www.getcleannowclermont.org/
