Most Idaho residents don’t realize there’s a law that protects them from drug charges related to possession of controlled substances if they get emergency help for someone suffering an overdose. In fact, all states have some form of a “Good Samaritan” overdose immunity law.
These laws have been enacted to prevent those who are using drugs with someone who overdoses from failing to get medical help because they’re afraid of being arrested for their own drug use. With fatal drug overdoses still at an alarming level in this country, states are trying anything that can potentially get life-saving help to someone as soon as possible.
What does Idaho law say?
Idaho’s law states, “A person acting in good faith who seeks medical assistance for any person experiencing a drug-related medical emergency shall not be charged or prosecuted for possession of a controlled substance…for using or being under the influence of a controlled substance…or for using or possessing with intent to use drug paraphernalia…if the evidence for the charge…was obtained as a result of the person seeking medical assistance.”
The same protections extend to the person experiencing the overdose. That means no one needs to be afraid that they could get someone arrested if they call for help for them. A person suffering an overdose also need not be afraid they’ll end up in jail if they call 911 or otherwise seek emergency help for themselves.
The immunity doesn’t extend to other criminal offenses
The law states that the protections it provides “shall not be grounds for suppression of evidence in other criminal charges.” If, for example, police discover stolen goods, illegal weapons or even evidence of more serious drug offenses like trafficking at an overdose scene, they can use it as grounds for an arrest and to prosecute individuals for criminal offenses not included in the law.
The fact that they were discovered because someone sought emergency aid, however, can always be presented as a factor that could potentially lead to a reduction in charges. Further, despite the protections of the law, it’s not unheard of for people to be wrongly arrested in a chaotic scene. These are just two instances where someone may need legal guidance after they’ve done the right thing and sought help for the victim of an overdose.