Many people who suffer drug overdoses aren’t alone when it happens. Sadly, they still don’t get what could be life-saving emergency aid because the people with them fear that if they call 911, police will accompany first responders and everyone there will be arrested for drug possession. They may be afraid to call 911 for themselves out of fear of arrest.
That’s why Georgia and other states have “Good Samaritan” overdose immunity laws. These laws can protect those who get emergency aid and the overdose victims themselves from being charged with relatively minor drug-related offenses discovered at the scene.
It’s important to know that some state laws provide more immunity than others. Let’s take a brief look at Georgia’s law.
The protections provided under Georgia law
The Georgia statute provides immunity from arrest, charge and prosecution for the possession and use of a small amount of illegal drugs as well as drug paraphernalia for the person who calls 911 or otherwise seeks help for what they reasonably believe to be an overdose.
It also protects the person suffering the overdose. Of course, in some instances, the person who’s overdosing is the one who calls for help for themselves.
The law also protects those who are on probation, pretrial release or parole from consequences if the drug possession or use is a violation of their conditions. For someone to receive immunity, they must seek emergency help “in good faith” (solely to help someone and not to avoid an imminent arrest).
What offenses aren’t covered under the law?
The law doesn’t protect people from consequences for serious drug offenses that might be discovered at the scene – like drug trafficking or manufacturing. It also doesn’t protect people if evidence of non-drug-related offenses is found – for example, stolen goods, illegal weapons or violent crime.
Knowing about the protections provided by this law can save lives. It can also help people protect and assert their legal rights. It does not guarantee, however, that someone won’t be wrongly arrested, since the circumstances around a drug overdose may not be obvious to police when they arrive at the scene. That’s why it may be necessary to get legal representation to better protect those rights and receive the immunity provided by the law.