Most people aren’t aware that Rhode Island has a law that protects those who get emergency help for someone suffering an overdose from facing legal consequences for their own drug use if it’s discovered only because they got help.
All states have some type of “Good Samaritan” overdose immunity law, but some offer more protections than others. Let’s take a brief look at Rhode Island’s law.
A brief summary of the law
The law states that anyone who in “good faith” seeks medical aid for someone suffering a drug- or alcohol related overdose or other medical emergency “shall not be charged or prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug-involved premises, if the evidence for the charge was gained as a result of the seeking of medical assistance.”
These protections extend to the person suffering the overdose or other drug- or alcohol-related medical emergency, whether someone seeks help for them or they seek help for themselves. These individuals are also protected from prosecution for “possession or transportation of alcohol by an underage person.”
This immunity for those who seek medical help or are in need of this help also extends to violations of probation or parole. Often, conditions include not using drugs and/or alcohol.
What about those who provide first aid themselves?
Even if someone doesn’t seek emergency help for someone (by calling 911 or taking them to an emergency room or urgent care facility, for example), the law states, “The act of providing first aid or other medical assistance to someone who is experiencing a drug or alcohol overdose or other drug-or alcohol-related medical emergency may be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act.” That means they can use that in their defense if they didn’t seek emergency help but are found to be in possession of drugs when police show up.
The law doesn’t always work as intended – at least immediately. Overdose scenes can be frantic and chaotic. Sometimes, people may be wrongly arrested or even charged with a drug-related crime after seeking help for someone (or themselves). In those cases, it’s smart to get legal representation as soon as possible.