Many states across the country, including Georgia, have laws that provide immunity from drug charges for those who get help for someone suffering an overdose. Unfortunately, not enough people are aware of these laws. Many people die from overdoses who could have been saved if they’d received emergency treatment.
Too often, people who are near those who are overdosing panic and leave the scene out of the fear that if they call 911, they and the person for whom they’re seeking help will be arrested. While getting necessary medical care for someone who is overdosing should always be the priority, regardless of the consequences, it’s important to know that in many cases, state law offers protection when someone does the right thing.
What protection does the law offer?
Each state’s “Good Samaritan” overdose immunity law is different. Some offer more protection than others and some have more conditions for who should receive immunity than others. All were enacted to reduce the number of fatal overdoses. Let’s take a brief look at Georgia’s “911 Medical Amnesty” law.
Georgia’s law provides immunity from arrest, charge and prosecution for the following criminal offenses if they’re discovered because someone called for help:
- Possession of a minimal amount of an illegal substance, such as four grams of a solid substance or one milliliter of liquid
- Possession of drug paraphernalia
- Underage alcohol possession
The law also provides immunity from consequences for the violation of a condition of parole, probation or pretrial release. The immunity applies to both the person who seeks help and the person who is overdosing. If someone seeks help for themselves, the same immunity applies. The law requires that the person who calls for help remains at the scene and cooperate with all first responders when they arrive.
Can a person still be arrested even if they call for help?
It’s important to note that the law doesn’t apply to any other offenses if evidence of another crime is discovered at the scene. This includes non-drug or non-alcohol-related crimes or serious drug-related crimes, like manufacturing or trafficking.
While the law offers important protections from prosecution for personal drug use for those who seek emergency help for an overdose, it can’t guarantee that someone won’t be wrongly arrested or even charged. If that happens, it’s important to seek legal guidance.
