This new law provides immunity from prosecution for drug-related offenses under certain circumstances. It applies to situations that arise from someone seeking medical attention after a drug overdose.
A law enforcement officer may not arrest someone based solely on the commission of an offense involving a controlled dangerous substance described in subsection B of this section if the officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
- The officer has contact with the person because the person requested emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to the use of a controlled dangerous substance; and
- The person:
- provided his or her full name and any other relevant information requested by the peace officer,
- remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to the use of a controlled dangerous substance until emergency medical assistance arrived, and
- cooperated with emergency medical assistance personnel and officers at the scene.
Anyone who meets the above criteria is immune from criminal prosecution for possession of a Schedule I or Schedule II controlled dangerous substance, provided the amount of such controlled dangerous substance does not constitute trafficking, and for possession of drug paraphernalia associated with a controlled dangerous substance. Further, a person is only immune from prosecution for the aforementioned offenses if the offense involved a state of intoxication caused by the use of a controlled dangerous substance by a person or if the offense involved the person being or becoming intoxicated as a result of the use of a controlled dangerous substance by a person.
A person may not initiate or maintain an action against an officer or the employing political subdivision of the officer based on the compliance or failure of the officer to comply with this law. SB 1367 created 63 O.S. § 2-413.1. It went into effect November 1, 2018.
Sources: SB 1367 and 63 O.S. § 2-413.1
Arrested for possession of CDS in Oklahoma? Call Oklahoma drug attorney Frank Urbanic in OKC at 405-633-3420.