Colorado, like other states, has a law that protects those who call 911 or otherwise get emergency help for someone suffering an overdose from drug charges for their own possession or use if it’s discovered because they sought help. These “overdose immunity” or “Good Samaritan” laws are intended to reduce the number of fatal drug overdoses. This immunity extends to the person suffering the overdose.
Unfortunately, many people aren’t aware of the law. Consequently, they may be afraid to call first responders if someone (including themselves) needs help or even flee the scene of an overdose. This can lead to preventable deaths.
Who does the law protect?
Colorado’s law provides immunity from arrest and prosecution for possession of relatively small amounts of controlled substances and other drugs and drug paraphernalia as well as illegal possession of alcohol for anyone who “reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, to the 911 system, or to a medical provider.” Colorado law also extends to anyone who aids the overdose victim, even if they don’t report the overdose.
The law also protects people from being charged with “unlawful distribution or transfer” of an illegal substance if they were doing so only for personal and limited use in a single period. If a person brought drugs over to someone’s home for shared use over an evening, for example, they wouldn’t be charged with those crimes.
To qualify for immunity, a person must also remain at the scene until law enforcement and/or emergency medical personnel arrive. They must also identify themselves and cooperate with first responders as needed.
What offenses aren’t covered under the law?
Note that immunity applies only if the “offense arises from the same course of events from which the emergency overdose event arose.” It’s not a “get out of jail free” card for any previous or future drug-related offenses. It also doesn’t apply to any offenses not covered in the law. For example, if police find evidence of another type of crime, like robbery or assault, at the scene, the law doesn’t provide immunity.
One reason it’s important to know the law is because it may not always be enforced perfectly. It’s possible for people to be mistakenly arrested in the chaos of an overdose scene, for example. And they may need help exercising their rights accordingly. Getting experienced legal guidance is the best first step after any arrest.