Every state has some type of “overdose immunity” law that offers limited legal protections to those who call 911 or otherwise get emergency help for someone who appears to be overdosing. These laws have been enacted to help address the problem of preventable fatal overdoses.
A person suffering a drug overdose can often be saved if they get quick medical intervention. However, too often, those present when someone overdoses are afraid to get help because they assume they’ll be arrested for their own drug possession.
Administering Narcan is required
Each state’s law is unique. Some offer greater protections and have fewer restrictions than others. Indiana’s law, unlike many others, limits immunity to those who administer naloxone (Narcan) to the victim.
Currently, Narcan is free and accessible at a number of locations throughout Indiana. Those who are recreational drug users or spend time with people who are, may choose to carry Narcan or at least know where to access it quickly.
More about the law
In addition to administering Narcan, Indiana’s law (known as “Aaron’s Law”) also requires someone to do the following to qualify for immunity from drug charges:
- Seek emergency help.
- Remain with the victim.
- Cooperate with law enforcement when they arrive
- Provide their name and that of the victim (if they know it) when asked.
The person who seeks immunity must have acted in “good faith.” That means they must have taken these steps to help the victim and not to try to avoid arrest themselves.
The law provides immunity for criminal offenses involving the possession of “cocaine, meth, paraphernalia, marijuana, synthetic drug lookalike, and controlled substances” as well as possession of drug paraphernalia. It doesn’t prevent people from being charged with more serious drug offenses like trafficking or manufacturing, for non-drug-related offenses or for public intoxication (if they’re under the influence of drugs or alcohol in a public place). It also doesn’t protect people against consequences for violating the terms of their probation or parole. Unlike the laws in some states, Indiana law doesn’t extend this immunity to the victim.
That’s a lot to remember – especially in a potentially frantic situation like an overdose. What’s crucial to remember is that if you witness an overdose, you need to do whatever you can to get help. If you don’t strictly qualify for immunity from prosecution or you believe you were wrongly arrested and charged, getting legal guidance as soon as possible can help you lessen any criminal consequences.
