The number of fatal drug overdoses across the country is still at alarming levels. In an effort to prevent at least some of them, many states have enacted “Good Samaritan” laws that protect people from prosecution for relatively minor drug-related crimes if they’re discovered only because someone sought emergency help for a person suffering an overdose. The hope is that this will prevent people from fleeing such scenes and leaving someone to die.
The ways that states have constructed these protections vary significantly. Some provide considerably more protection and have fewer conditions than others.
The law in New Jersey
New Jersey’s Good Samaritan overdose immunity law states that a person won’t be prosecuted for offenses related to possession or use of drugs or drug paraphernalia if evidence of these offenses is found because they sought medical attention “in good faith” for someone (including themselves) who appeared to be overdosing.
Further, unlike in some states, New Jersey law provides the same immunity to the person who was the “subject of a good faith request.” That means if a person isn’t themselves using drugs, but calls 911 for someone who has suffered an overdose, they don’t have to be concerned that they’ll be putting that person in legal jeopardy for their drug use.
Some important caveats
It’s important to note that the law applies specifically to drug possession and use offenses. It doesn’t apply to more serious offenses like drug trafficking or non-drug-related offenses. It also only applies to drug-related offenses in that particular event. It’s not a blanket immunity from all drug-related charges.
Further, the term “in good faith” means that someone is seeking aid to help someone and not to avoid being charged with a crime. For example, if someone’s in the process of being searched or arrested and they point out someone who’s overdosing, that isn’t covered under the law.
The law can’t guarantee that someone may not be arrested or even charged who qualifies for immunity under the law. That’s where sound legal guidance can be highly valuable in pursuing a fair outcome.