Being with someone when they suffer an overdose can be a terrifying experience. The instinct to call 911 to get help can quickly be overwhelmed by the fear of being arrested if you’ve also been using drugs – and of getting the overdose victim arrested.
Sadly, too many people die unnecessarily because they don’t get emergency help that could have saved their lives. That’s why states throughout the country have enacted what are commonly called “Good Samaritan” or “overdose immunity” laws that protect people who seek help for themselves or someone else from facing criminal charges.
Each state’s law is different. Let’s take a brief look at Tennessee’s law.
Tennessee’s law – and recent amendments
Tennessee law states that anyone who “in good faith” seeks medical assistance for someone believed to be experiencing an overdose “shall not be arrested, charged, or prosecuted” for relatively minor drug or alcohol violations if the evidence was obtained because a person sought help. The law also applies to the victim who is the “subject of a request for medical assistance.”
Originally, the law applied only to drug overdoses and drug-related charges. It was amended just this year to include alcohol overdoses and to protect people from being charged with offenses related to alcohol and minors. This is important because alcohol poisoning can be fatal.
The drug violations covered by the law include “simple possession or casual exchange” and possession of drug paraphernalia. The law also provides immunity for violations of parole, probation or pretrial release discovered because of the call for help.
The law doesn’t cover other types of crimes
The law doesn’t apply to other types of criminal offenses that might be discovered at the scene – for example, theft, illegal weapons, assault or more serious drug-related crimes like trafficking. However, it can’t hurt to point out, as part of a defense to other charges, that the evidence was discovered only because the defendant sought emergency medical help – particularly for someone else.
While the law offers important protections, law enforcement can be messy and imperfect. If you or a loved one has been arrested and charged with an offense for which the law provides immunity or charged with an unrelated offense, it’s crucial to get experienced legal guidance as early as possible.