The crisis of fatal drug overdoses has gotten so bad that states across the country, including South Carolina, have enacted laws that provide “limited immunity” from drug-related charges to those who seek emergency medical assistance for someone who appears to be suffering their own overdose and those who call for help on a seemingly overdosing individual’s behalf.
The goal is for people not to be afraid that if they get necessary medical aid, they’ll end up being arrested for their own drug use when police arrive on the scene. This fear, unfortunately, results in too many unnecessary deaths.
What criminal offenses does the immunity cover?
Among the offenses covered under the law are the following:
- Delivery and dispensing of a controlled substance to the person suffering the overdose
- Possession of a small amount of a controlled substance (for example, under a gram of cocaine or methamphetamine)
- Possession of drug paraphernalia
The law also provides immunity for offenses involving underage alcohol use, including “contributing to the delinquency of a minor.”
How does someone qualify for immunity?
The alleged offense must be discovered only because the person sought medical assistance for what they reasonably believed was an overdose. Further, a person must provide their real name both when calling 911 and when interacting with law enforcement.
A person must seek help “in good faith,” meaning they must reasonably believe no one else has called for help. Alerting authorities to an apparent overdose when they’re already at the scene – for example, while being arrested – doesn’t count.
Arrests can still happen
Note that the law protects people from prosecution. It doesn’t guarantee that police won’t mistakenly arrest someone. Things can be confusing and chaotic when police arrive at the scene of an overdose. It can be difficult sometimes to determine precisely what happened. That’s one reason why the law also provides immunity from wrongful arrest.
If you’ve been wrongfully arrested because you believe you qualify for immunity under the law, or if you believe your good faith actions should be considered if you’ve been arrested for drug charges not covered under the law, it’s important to have sound legal guidance. This can help you make your case effectively and protect your rights as you move forward.
