Being around someone who appears to be suffering a drug overdose can be extremely frightening – especially for someone who is also using or in possession of illegal drugs. While most people’s instinct is to call 911, that instinct may be overwhelmed by a fear of arrest if first responders arrive with police close behind them.
Too many people leave the scene rather than call for help, and minutes can make all the difference between a nonfatal and fatal overdose. That’s why states have enacted laws that provide some immunity from drug-related charges for those who seek help for an overdose.
West Virginia’s law is called the Alcohol and Drug Prevention and Clemency Act. It provides immunity for relatively minor drug and alcohol-related charges for those who get emergency help for someone whom they reasonably believe to be overdosing.
What does the law say?
Specifically, the law states that a person won’t be charged or prosecuted for lower-level possession or delivery of a controlled substance offenses, possession of drug paraphernalia, public intoxication or a variety of offenses related to underage drinking or public intoxication if they seek medical help for an overdose. To qualify for this immunity, the person must remain with the overdose victim until help arrives, identify themselves to first responders if asked to do so and cooperate as requested.
West Virginia law also provides limited immunity to the person who is suffering the overdose “if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider…alternative sentencing and clemency options.” The law is meant to provide immunity for relatively minor drug-related charges that would stem from personal use. It doesn’t cover more serious drug crimes like manufacturing or trafficking or offenses not related to drugs and alcohol.
It’s important to note, however, that a person’s Good Samaritan actions can be “considered by a court or jury as a mitigating factor in the sentencing phase of a criminal proceeding in a prosecution for which immunity is not granted…[if] the criminal proceeding was instituted based on conduct or evidence obtained as the result of the defendant seeking emergency medical assistance….”
If you believe that you were wrongly charged with an offense for which you should have immunity or for which you’re not guilty, it’s crucial to get legal guidance as soon as possible to protect your rights and make your case.