These days, you never know what kind of highly dangerous substances can be present in “street drugs.” Just a tiny amount of fentanyl, for example, can be fatal. Minutes can make a difference between someone dying from or surviving an overdose.
That’s why states throughout the country, including New Jersey, have what are known as “Good Samaritan” or “overdose immunity” laws that protect those who call for emergency help for someone and for the person overdosing from being charged with certain crimes. These involve offenses related to possessing and using a relatively small amount of illegal drugs – typically enough for personal use – if it’s discovered only because of an emergency call.
These Good Samaritan laws vary by state. Some offer broader protections and have fewer restrictions than others. Let’s take a brief look at New Jersey’s law.
Some details about the law
The law states that a person won’t be “arrested, charged, prosecuted, or convicted” for drug and drug paraphernalia use or for possessing or attempting to obtain drugs if the drugs and/or paraphernalia are discovered by police only because someone sought emergency help for an overdose (or what they reasonably believed to be an overdose). Both the person who sought help and the overdose victim receive this immunity. The law also provides immunity from consequences for violating probation or parole.
Note that the immunity provided by the law doesn’t extend to non-drug-related offenses. It also doesn’t extend to serious drug offenses like trafficking or manufacturing if evidence of those is found at the scene of an overdose.
Mistakes can occur
The law can’t guarantee that a person may not be mistakenly arrested or even charged with a crime for which they have immunity. Overdose scenes can be highly chaotic. That’s why the law doesn’t “limit, modify or remove any immunity from liability currently available to public entities or public employees…” if they mistakenly make what would otherwise be a lawful arrest.
If someone is arrested – and particularly if they go on to be charged – when they believe they qualify for immunity under the law, it’s crucial to get legal guidance as soon as possible to protect their rights.