In an effort to curb the fatal drug overdose epidemic facing this country, states have enacted “Good Samaritan” laws that provide some immunity from drug-related charges to people who seek help for someone who appears to be suffering an overdose.
These laws vary significantly regarding things like what alleged drug offenses won’t be prosecuted, whether the immunity extends to the person suffering an overdose and what the Good Samaritan must do to qualify for immunity.
Whether you live here in Indiana or have a child who will be starting school at one of our many well-known colleges and universities this fall, it’s crucial to know something about Indiana’s law. First, it doesn’t provide the protections that many other states’ laws do – at least unless and until the law changes. The protections are currently part of the state law that provides immunity from lawsuits for those who administer naloxone (Narcan) to someone who’s overdosing.
What’s required to qualify for immunity?
Under Indiana’s law, a person won’t be charged for possession of controlled substances and drug paraphernalia if those alleged offenses are discovered only because they got emergency help for an overdose victim. To qualify for that immunity, they must:
- Administer Narcan (that has been legally obtained) to the victim.
- Remain at the scene.
- Cooperate with law enforcement (including providing their name).
The person who has suffered the overdose doesn’t qualify for this immunity under the law.
While most people don’t carry around Narcan, it’s important to know that it is available free of charge throughout the state at naloxone distribution centers, NaloxBoxes and in special vending machines. Some of these locations also have Fentanyl Test Strips (FTS). It’s a good idea to know where the nearest one is or at least how to locate it.
Certainly, anyone who sees someone in any kind of medical distress should get emergency help rather than flee the scene, regardless of the potential legal ramifications for themselves or the other person. If you end up under arrest only because you called first responders to the scene, your actions can be used as a mitigating factor in charging and/or sentencing decisions. It’s crucial, though, to get legal guidance as soon as possible.