Few things are more frightening than being with someone when they suffer an overdose. Getting emergency help can easily make the difference between life and death. However, too often the people with them are afraid of getting arrested if they call first responders, generally accompanied by police, to the scene.
Most people don’t realize that Florida law provides protection from prosecution to those whose illegal drug use is discovered only because they sought help for someone they reasonably believed was overdosing – or because someone sought help for them.
All states have a version of this law. However, some provide more legal protections than others. Let’s look at Florida’s “Good Samaritan” overdose immunity law.
What does Florida law say?
The law states that anyone “acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose” will not be “arrested, charged, prosecuted, or penalized” for criminal offenses involving drug and drug paraphernalia possession and use, exposing first responders to fentanyl and underage alcohol offenses.
When doesn’t this immunity apply?
A person who seeks emergency help must be, as the law states, “acting in good faith.” That means they must get help with no ulterior motive. For example, if a person tells police that someone is in another room overdosing as they’re being arrested, that doesn’t count.
Further, immunity only applies if evidence of the criminal actions is “obtained as a result of the persons seeking medical assistance.” It applies only to that specific circumstance.
Finally, immunity doesn’t extend to more serious drug-related offenses like trafficking and manufacturing or other criminal offenses, even if they’re discovered at the scene of the overdose. The law states that a person’s Good Samaritan actions “may not be grounds for suppression of evidence in other criminal prosecutions.”
It’s crucial for Floridians to know about this law and how to protect their rights if they’re arrested and possibly charged even though they qualify for immunity. Mistakes can happen at overdose scenes. Getting experienced guidance as soon as possible can help resolve the matter and prevent serious legal problems.
