With drug overdose fatalities still an all-too-common occurrence, states have enacted laws that provide some immunity from drug charges for those who seek emergency help for someone suffering an overdose. These laws are meant to encourage people not to flee an overdose scene for fear of being arrested and to get help and stay with the victim. This can easily mean the difference between life and death.
Indiana has such a law. The provisions around immunity from prosecution are actually part of a broader “Good Samaritan” law that protects people who administer naloxone (Narcan) to someone suffering an overdose from civil liability if their efforts are unsuccessful.
While the law has more requirements for criminal immunity than many other states’ laws have (including the administration of Narcan to the victim either before or after seeking emergency help) and not as many protections as others, everyone should still know about it.
What is required to get immunity from drug possession charges?
The law states that someone can receive immunity from arrest and prosecution for possession of controlled substances and drug paraphernalia if evidence of these offenses is discovered only because they sought help for someone they reasonably believed to be overdosing.
To qualify for this immunity, besides administering Narcan, a person must:
- Remain at the scene until emergency help arrives
- Provide their name and “other relevant information” requested by law enforcement
- Cooperate with all first responders
The immunity applies only if the reason someone “came into contact with law enforcement because the individual requested emergency medical assistance for another individual who appeared to be experiencing an opioid-related overdose.” In other words, if police were already on the scene, pointing out that someone appears to be overdosing wouldn’t be enough to qualify for immunity.
Most people don’t carry around Narcan or keep it in their home unless a loved one has an opioid abuse problem. However, it is available at a number of locations throughout Indiana in NaloxBoxes, vending machines, distribution centers and other locations.
It’s always the right decision to seek emergency help for someone who appears to be suffering an overdose. Even if all of the conditions for immunity under the law aren’t met, the fact that a person acted in good faith to save someone’s life can always be presented as a mitigating factor if they are arrested and face charges as a result. Getting experienced legal guidance can make a difference in such scenarios.