Did you know that Florida law offers some protection from drug charges for those who get emergency help for someone who is overdosing? These drug immunity laws have been enacted throughout the country as the number of fatal overdoses has risen.
In some cases, minutes can make the difference between life and death. The purpose of “Good Samaritan” laws like this is to encourage those who might be using drugs with someone who overdoses to call 911 or otherwise get immediate help rather than leave without seeking help.
What does Florida law say?
Under Florida law, any person “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 or charged with offenses involving drug or paraphernalia possession. They also won’t be punished if the drug use discovered violates conditions of their probation or parole.
These protections extend to the person suffering the overdose. That means people don’t have to be concerned that by calling for help for someone, they could end up getting them arrested. That protection also applies if someone is able to call for help for themselves if they believe they’re suffering an overdose.
It’s important to note that “acting in good faith” means someone is getting help for an overdose without an ulterior motive — like trying to avoid arrest by alerting police to an overdose if they are already on the scene.
It’s also important to understand that the law isn’t meant to apply to non-drug or underage alcohol-related offenses or even serious drug-related offenses like trafficking where evidence of them is discovered only because someone called 911 and brought first responders to the scene. Specifically, the law “may not be grounds for suppression of evidence in other criminal prosecutions.”
Ultimately, if you or a loved one is facing a drug charge you believe qualifies for immunity, or if you believe Good Samaritan actions should be considered if you or someone else has been charged with other offenses, it’s smart to get experienced legal guidance as soon as possible.