The Colorado legislature encourages individuals to call 911 when someone is experiencing a drug or alcohol overdose and therefore passed S.B. 12-20 in May, 2012. Many people that are breaking the law are afraid to call the police because they do not want to be arrested or get into trouble. The new law provides immunity for a person that calls 911, in good faith, to report an emergency drug or alcohol overdose. The requirements for immunity are as follows: 1) call 911; 2) in good faith; 3) during an overdose emergency; 4) remain at the scene until law enforcement or emergency response personnel arrive; 5) identify yourself; and 6) cooperate with authorities.
Importantly, the person reporting the emergency may only be immune for prosecution for the following offenses: possession or use of a controlled substance (class 6 felony or misdemeanor); possession of 12 ounces or less of marijuana; display, consumption, or use of less than 2 ounces of marijuana; transferring or dispensing 2 ounces or less of marijuana from person to person without an exchange of money; unlawful use or possession of synthetic cannabinoids; possession of drug paraphernalia; and illegal possession or consumption of alcohol.
So, what does that mean? Here is an example: John is 18 years old, drinking alcohol in his freshman dorm room at college and his roommate appears to have overdosed on alcohol, John may call the police without be arrested for consuming alcohol as a minor. The law is intended to encourage individuals to seek medical attention for someone that appears to have overdosed on alcohol or drugs without fearing they will be arrested.
Keywords: drug-overdose, prosecuted, prosecution, criminal law durango, criminal attorney durango, criminal defense.
Importantly, the person reporting the emergency may only be immune for prosecution for the following offenses: possession or use of a controlled substance (class 6 felony or misdemeanor); possession of 12 ounces or less of marijuana; display, consumption, or use of less than 2 ounces of marijuana; transferring or dispensing 2 ounces or less of marijuana from person to person without an exchange of money; unlawful use or possession of synthetic cannabinoids; possession of drug paraphernalia; and illegal possession or consumption of alcohol.
So, what does that mean? Here is an example: John is 18 years old, drinking alcohol in his freshman dorm room at college and his roommate appears to have overdosed on alcohol, John may call the police without be arrested for consuming alcohol as a minor. The law is intended to encourage individuals to seek medical attention for someone that appears to have overdosed on alcohol or drugs without fearing they will be arrested.
Keywords: drug-overdose, prosecuted, prosecution, criminal law durango, criminal attorney durango, criminal defense.
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