In 2014, Pennsylvania made a drastic attempt
to limit the rates of fatal drug overdoses by implementing what is known as the
Overdose Immunity Law (Bill 1164). Prior to the passing of this law, both the
person who suffered and overdose and the person who called for help would be
charged with various crimes. An example of this would be if someone called the
police because their friend had overdosed and there was paraphernalia and drugs
recovered from the scene, both the victim of the overdose and the friend who
called would be charged with the crimes. After the law passing this concept was
essentially thrown out the window. If a person is calling to help someone who
is suffering from an overdose, the person who made the call is immune from
criminal prosecution in many situations. This act “grants immunity to an
overdosing person and those who render aid under limited circumstances.” The
overall purpose of this is to encourage the reporting of drug related overdoses
without a fear of prosecution.
The legal definition of an overdose is "an acute medical condition, including, but not limited to, severe physical illness, coma, mania, hysteria or death, which is the result of consumption or use of one or more controlled substances causing an adverse reaction." This lays the foreground for the Overdose Immunity Law because it would classify what is acceptable to call and be granted immunity for. Under the new act a person cannot be charged with a crime or a violation of probation/parole if the Police only became aware of the drug offense because the reporting person transported the overdosing person to a healthcare facility, campus police or law enforcement agency; OR The reporting person has a reasonable, good faith belief that another is suffering from an overdose. Immunity is typically granted for a person experiencing a drug overdose if they are compliant after the fact. The offenses that they are immune from prosecution include but are not limited to; simple possession, purchasing from an unauthorized person, small amount of marijuana, and paraphernalia.
There are cases where, as a Bucks County criminal lawyer, you encounter what an "overdose" means. Some law enforcement agencies are narrow in their interpretation, but it is my argument that there is much more broad language for a reason -- because it is meant to stop horrible outcomes. So, if a person is "sleeping" because they took drugs - they should be protected as that is an "overdose event".
The law was enacted in an attempt to impact the fatal overdose rates by granting immunity to individuals involved in the situation. This is also a case by case scenario. There are guidelines and general circumstances drawn up but not every case is going to match the law completely. The issues arise when a person calls when someone is overdosing and the background does not match the law perfectly. Then it is expected that law enforcement allow whatever is going go when a legitimate crime could be occurring. The law is still not solid and concrete but it is a drastic step forward from what it used to be.
Overall, the Overdose Immunity Law has been wildly beneficial. This is valuable to the criminal justice system because it is extremely overcrowded and backed up. This is also a wildly large step for addicts who have experienced the preventable deaths of their loved ones due to the fear to call the police and ask for help. Overdose death data is slowly changing, however bringing in these “good Samaritan laws” has been positive for the acceptance of drug addiction. This is not condoning drug use and addiction; it is more or less creating a safe haven for those in true need.