Are Your Protected for Reporting an Overdose Under Connecticut’s Good Samaritan Law?

 Posted on March 17, 2022 in Criminal Defense

The last thing you want to be thinking about when you are in the presence of someone overdosing from drugs is the consequences of calling 911. You may be afraid that if the paramedics arrive, the police will be following close behind, and explaining your role in the situation might be difficult. Whether or not you have something to hide, weighing the possible death of another human being versus the possibility of facing criminal charges is an unenviable position. Fortunately, if this happens in Connecticut, you may be covered under the state’s Good Samaritan Law.

What Is the Good Samaritan Law?

As of 2021, 47 states and the District of Columbia had enacted Good Samaritan laws that protect both people calling on behalf of others and people calling for help for their own behalf in drug overdose situations.

This protection is part of a law that outlines the punishment for possession of various narcotic substances. The laws hold that the punishment is not applicable to someone:

• Who seeks medical aid, in good faith, for a person he or she believes is overdosing on any drug or substance.

• For whom another person seeks medical aid, believing he is overdosing on any drug or substance.

• Who reasonably believes he or she is overdosing and seeks medical aid for himself or herself. This applies if evidence for a charge of illegal possession or control of a controlled substance against the person overdosing was gathered as a result of seeking such medical aid.

What the Law Does Not Cover

The law also states that the “good faith” aspect does not apply in some cases. For example, when you seek assistance when the police officers arrive at your location to execute a search or arrest warrant, or otherwise conduct a legal search, the good faith effort may not be considered. In this situation, the police will likely assist you or a friend who is overdosing, but any evidence of possession recovered while they assist you will likely be used against you in court if you end up being charged with some drug offense. 

Protection for Licensed Health Care Professionals

Good Samaritan laws also provide protection for any medical professionals that treat overdose victims using certain restricted substances. The laws list the drug naloxone hydrochloride and other similar drugs that are meant to counteract opioids. Specifically, the law protects health care professionals who administer drugs in an effort to treat or prevent an overdose from criminal prosecution and civil liability.

Contact a Stamford Drug Charges Attorney for Assistance

Despite these Good Samaritan laws, there have been situations where a person who should have been covered under the law was charged anyway. If you are facing any kind of drug charge, call Law Offices of Daniel P. Weiner at 203-348-5846 to schedule a free consultation with one of our skilled and dedicated Fairfield County defense attorneys and find out what legal options you may have.

Source:

https://portal.ct.gov/DPH/Health-Education-Management--Surveillance/The-Office-of-Injury-Prevention/Current-Laws-related-to-Opioids-Overdose-Prevention

https://www.gao.gov/products/gao-21-248