Most people would like to think that if someone seemed to be suffering from a drug overdose in front of them, they would call 911. In the moment, however, some people panic and run away because they fear that police will show up and arrest them for drug possession.
Many states, including Kentucky, have enacted “Good Samaritan” or “overdose immunity” laws for this very reason. Such laws protect those who seek emergency medical assistance for an overdose from prosecution for having or using drugs if that activity is discovered because they called for help. These laws have been enacted to help prevent drug overdoses from becoming fatal.
Some details about Kentucky’s law
Kentucky’s Good Samaritan law provides immunity from “prosecution for possession of controlled substance or drug paraphernalia” if someone seeks emergency medical assistance for someone (including themselves) they reasonably believe is suffering an overdose. The victim also receives immunity if someone gets help for them.
To qualify for immunity, a person must be acting in “good faith” – in other words, reporting the overdose to help someone and not to avoid drug charges. For example, Good Samaritan laws don’t apply if someone reports an overdose “during the course of the execution of an arrest warrant, or search warrant, or a lawful search.” The person who seeks help must also remain at the scene until that help arrives.
Some important caveats
It is important to note that the Good Samaritan law doesn’t apply to drug-related offenses like selling, distributing or trafficking drugs. The law also doesn’t apply non-drug-related offenses that may be discovered by police at the scene.
As noted, the law protects people from prosecution. It is still possible to be arrested and possibly even charged for drug or paraphernalia possession even if you qualify for immunity. It may not always be clear to police officers what is going on when they enter what is likely a chaotic scene.
That’s why it’s important for Kentucky residents to know their rights under the law. Getting legal guidance can also help get things sorted out after a wrongful arrest. Even if the arrest was warranted (for example, for a non-drug-related offense), making sure that authorities and the court understand the circumstances may help mitigate the consequences.