The number of fatal drug overdoses in Florida remains alarmingly high both for those who live in the state and those who visit. In fact, a recent study found that Americans who died while visiting our state were 63% more likely to have been the victim of a drug overdose than in any other state.
With quick medical intervention, many overdoses don’t have to be fatal. Unfortunately, those who are with someone who overdoses are often afraid of being arrested –- and getting the person overdosing arrested — if they call 911 or otherwise get help, so they panic and leave the victim alone. Some people won’t get help for their own overdose for fear of being arrested.
Too many people are still unaware of the “Good Samaritan” laws that states, including Florida, have enacted to protect those who seek emergency help from prosecution for their personal drug use if discovered at the scene. These laws are intended to help reduce the number of fatal overdoses.
Each state’s law is somewhat different. Let’s take a brief look at Florida’s.
What does Florida law say?
Florida’s law states that anyone “acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose” won’t be “arrested, charged, prosecuted, or penalized” for offenses related to drug and drug paraphernalia possession. They also won’t face penalties if this possession violates any terms of probation or parole.
This immunity extends to the person experiencing the overdose, whether they seek help for themselves or someone else seeks help for them. Note that the immunity applies “if the evidence for such offense was obtained as a result of the person’s seeking medical assistance.”
When doesn’t immunity apply?
Immunity doesn’t apply if evidence of other criminal offenses is discovered when police arrive. For example, if they find evidence of illegal weapons, stolen goods or more serious drug activity like trafficking, the fact that someone sought help for an overdose “may not be grounds for suppression of evidence in other criminal prosecutions.” It can’t hurt, however, to present a “Good Samaritan” act as a mitigating factor in charging or sentencing for a crime discovered because a person sought help.
While the law states that people are protected from arrest, charging and prosecution, that doesn’t guarantee someone won’t be mistakenly arrested in the chaos that accompanies an overdose. Anyone who’s arrested after getting emergency help for an overdose should get legal guidance to protect their rights.
