The crisis of fatal drug overdoses in this country shows no signs of slowing. That’s why states have enacted “Good Samaritan” laws that grant immunity from drug possession charges if their offense is discovered because they got help for someone suffering an overdose. Many, including Michigan, also grant immunity to the person suffering the overdose.
These laws were prompted by the fact that people too often panic and run away when someone appears to be overdosing. They fear that even if they run away but call 911, the call will be traced to them. By the time the person is found, too often they’re dead. Minutes can make all the difference in saving the life of someone who overdoses.
What does Michigan law say?
Michigan law provides this “Good Samaritan” immunity if someone “in good faith attempts to procure medical assistance for another individual” or “seeks medical assistance for himself or herself or who requires medical assistance….” for an apparent overdose or other drug-related medical emergency. The immunity applies for offenses that involve having drugs in an “amount sufficient only for personal use.” Further, police must be aware of the alleged offense only “as a result of the individual’s seeking or being presented for medical assistance.”
Note that the law doesn’t apply to serious drug-related offenses like trafficking or to other criminal offenses, such as stolen goods or illegal weapons – even if evidence of these offenses is discovered only because someone called 911 to report an overdose.
What if you’re arrested and charged anyway?
While the law protects those who seek help and the overdose victims from being charged and prosecuted for their own drug use in these particular instances, it can’t offer guaranteed protection from arrest. Police often face a chaotic scene when they respond to drug overdoses. They may not know with certainty who made the call.
If you believe you’ve been wrongly arrested and perhaps even charged with a drug-related crime for which you should have immunity, it’s smart to seek legal guidance to help protect your rights. Even if you were charged with a non-drug-related offense, your actions to help someone else could potentially be used to lessen the consequences. Don’t try to maneuver the justice system on your own.