Most people aren’t aware that there are “Good Samaritan” laws throughout the country that provide immunity from criminal charges related to personal drug possession and use if the activity is discovered because someone sought emergency aid for a drug overdose.
The idea behind these laws is that people are more likely to call 911 or otherwise get medical assistance for someone (including themselves) if they’re not afraid of being arrested or getting someone else arrested. This can prevent needless overdose fatalities.
These laws vary considerably by state. Some offer more comprehensive immunity than others, and some have more eligibility requirements for immunity than others. Let’s take a brief look at New Jersey’s law.
What does New Jersey law say?
Under New Jersey law, a person will not be prosecuted for criminal offenses related to drug possession or use (including drug paraphernalia) if police discover it only because that person sought emergency medical aid for an overdose – or what they reasonably believed to be one. That immunity extends to the person for whom they sought help.
Further, if a person is on probation or parole at the time, it won’t be revoked if the drug use or possession violates the conditions of that probation or parole.
The primary condition of receiving immunity is that the call or request for help must be made “in good faith.” That means the person who seeks help must be doing so without an ulterior motive, such as getting out of an impending or current arrest when law enforcement is already on the scene.
What doesn’t the immunity cover?
Note that the immunity isn’t meant to cover more serious drug-related offenses like trafficking or manufacturing or non-drug-related offenses that might be discovered at the scene of an overdose. It also can’t be extended to previous or future drug-related crimes.
While this is a crucial law to know about, it’s important to understand that it’s not a guarantee that a person won’t be arrested. These scenes can be tumultuous, and police can make mistakes. However, it’s important for those in New Jersey to know about this law and assert their rights if they’ve been wrongly arrested. Getting legal guidance as early as possible can make a difference.