The epidemic of fatal drug overdoses is concerningly high across the U.S., despite the increased availability of emergency treatments like Naloxone that can be given by those trained to do so, as well as others. The best way to keep an overdose from becoming fatal is still to call first responders.
Too many bystanders to an overdose, however, panic and leave the scene rather than call for help because they fear being arrested for their own drug possession and use – or getting the overdose victim arrested. That’s why nearly all states, including Connecticut, have enacted laws that provide immunity from prosecution for relatively minor drug offenses for “Good Samaritans” who get help for someone or for themselves.
State laws on this are different, so it’s important to be aware of that. Here, we’ll give a brief overview of Connecticut’s applicable laws.
More about Connecticut’s immunity laws
The laws that prohibit the possession of a controlled substance or “use, possession or delivery” of drug paraphernalia don’t apply if a person who is acting in good faith, “seeks medical assistance for another person who such person reasonably believes is experiencing an overdose” involving drugs, alcohol and/or other substances.
The immunity also applies to the person for whom that help is sought. This is true whether the person got help for themselves or someone else got help for them.
It’s important to know that the law protects people from prosecution only if evidence of the illegal act “was obtained as a result of the seeking of such medical assistance.” Further, under the law, “good faith” typically means that a person called 911, went to an emergency department or otherwise got help solely for the benefit of the person suffering (or appearing to suffer) an overdose. It doesn’t include “seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.”
The law also doesn’t apply to other criminal activity. It’s intended to provide immunity only from criminal offenses involving personal use of controlled substances.
No law works perfectly all of the time. Someone may be arrested because all the facts weren’t immediately clear. It’s also possible that a judge might be inclined to be lenient on someone arrested and charged with a non-violent, non-drug-related offense if it happened because they were trying to help someone. Whatever the situation, getting legal guidance can help protect your rights and make your case.
