New Law—Californians will no longer get arrested for seeking help for an illegal drug overdose

The California legislature recently passed California Health and Safety Code section 11376.5, effective on January 1, 2013. Before that date, a person who called the hospital after an overdose of illegal drugs might have found themselves in jail assuming the emergency room revived them. Here in California, the police, the paramedics or both will respond when a person calls 911.

I actually remember hearing about a person who had attempted suicide, then changed his/her mind and called 911.  He or she was revived and then arrested for being under the influence of controlled substances!  California’s Health and Safety Code also previously stated that a person arriving at the hospital with drugs in his or her system (and possibly in his pocket) could be subject to arrest after being treated.

Apparently having police and paramedics respond together  is considered a humanitarian response to drug-overdosed patients being dropped off at the hospital by friends who had also taken drugs and did not want to stick around and potentially be arrested. When a patient is simply dropped off, hospital personnel lose valuable time trying to determine exactly what caused the often-unconscious patient’s status.  When the friends inform the hospital that this guy just keeled over after he snorted heroin and cocaine for 8 hours, the doctors can address the drugs that could kill the patient instead of running up blind alleys

This code section applies to the person who has overdosed, or the people who bring that person in for care. It is limited only to being under the influence of drugs, or simple possession of drugs.  Mot to more serious crimes such as drug sales, or attempted murder by drugs are obviously not included in this section!

If you or someone you know have been accused of a crime, arrested, or contacted by police, contact San Jose criminal defense attorney Maureen Baldwin at (408) 279-4450 to learn your options today!