All states have some type of “overdose immunity” law that lets people seek emergency help for someone suffering an overdose without having to fear that they’ll be arrested and charged for their own drug use. These laws have been enacted to help lower the number of overdose deaths that could have been prevented if those present at the time called for help rather than fleeing the scene.
Each law is unique. Therefore, it’s smart for those who live or attend college in Georgia to know some of the specifics of this state’s law, which is called the 911 Medical Amnesty Law, to whom it applies and how to qualify for this immunity.
Understanding Georgia’s law
The law gives people immunity from being arrested, charged or prosecution for offenses involving possession of a relatively small amount of illegal drugs and drug paraphernalia for their own personal use (and for certain alcohol-related offenses). It also includes immunity for any legal consequences of parole, probation or pretrial release violations.
Unlike in some states, the immunity extends to the person suffering the overdose in addition to the person who called 911, brought them into a medical facility or flagged down a law enforcement officer. This means a person seeking help doesn’t have to worry that the overdose victim will be arrested for ingesting drugs. If a person who believes they’re overdosing calls for help for themselves, they receive that same immunity.
To qualify for immunity under the law, a person who seeks help needs to remain at the scene and cooperate with all first responders, including law enforcement. They must seek assistance in “good faith,” which means they’re not just doing it to avoid arrest – for example, if police are already on the scene and they point out someone who appears to be overdosing.
In real life – especially at the scene of a drug overdose – things aren’t always so clear. That’s one reason why anyone who is arrested and charged who believes they qualify for immunity under the 911 Medical Amnesty Law is wise to get legal guidance to help protect and assert their rights.