Those who transfer controlled substances to others are at risk of prosecution. The state can bring charges against those who provide alcohol to minors or who give their prescription medication to someone else. Obviously, the state also targets those who engage in for-profit drug trafficking.
Even those who do not make any money on such transfers can potentially be at risk of prosecution. Worse, they can sometimes face criminal charges because of what happens when the other party is under the influence. People may face murder charges when someone overdoses or legal responsibility if they cause an impaired driving collision.
Sometimes, the actions that people take can help mitigate their risk of prosecution. In scenarios where an overdose occurs, the right reaction could help protect involved parties from criminal charges.
The state has a Good Samaritan law
The unfortunate reality of drug prohibition is that it may inspire people to become quite crass about the lives and well-being of others. The possibility of criminal prosecution may prevent people from doing the right thing in an emergency. They may not want to call for help or drive someone having a bad reaction to the hospital out of fear of facing criminal charges.
Lawmakers recognized how aggressive prosecutor practices might lead to preventable fatalities due to drug or alcohol overdoses. Therefore, the state enacted a Good Samaritan statute. Those who make the decision to reach out to emergency services during an overdose incident can potentially avoid prosecution for their involvement in the transfer of a substance. The party experiencing the overdose also has protection.
The decision to take action to protect someone from a potentially deadly medical event can not only save the life of the person overdosing but can protect the party who makes the call to emergency services. Under the Good Samaritan law, individuals who are in possession of controlled substances or paraphernalia can avoid prosecution or allegations of violating the terms of parole or probation. Those who provided alcohol to minors also have protection under the law.
Establishing that an individual reported an overdose to the proper authorities or otherwise acted to protect an overdosing individual could potentially reduce the chances of the state bringing charges or successfully convicting the person accused of certain offenses. For so many reasons, those who make the right choice in a dangerous situation may need to disclose that decision if they later find themselves facing drug charges.