Should drug users who report overdoses be immune to charges?

Although Oregon's medical marijuana laws leave some with the impression that the state is lax when it comes to drug law enforcement, people suspected of using, possessing or distributing illegal drugs are subject to heavy fines and significant jail time. As the laws stand, there are few exceptions made for people caught with these substances. But Oregon and other states are being pushed to consider adopting laws that offer immunity in cases where a person's health and safety are at risk.

One consequence of illegal substance abuse is the risk of an overdose. People who consume too much of one or more drugs may die or require hospitalization, and often their only lifeline is the person who witnesses such a medical emergency. But if that person has also been using drugs, he or she may be hesitant to contact police or paramedics out of fear they'll be questioned and arrested. As a result, sometimes overdose sufferers become even more ill and die.

Currently eight states and the District of Columbia have laws protecting people who call authorities to report an overdose from criminal drug charges. A recent spike in drug deaths has prompted the passage of some of these laws over the past two years. According to the Centers for Disease Control and Prevention, overdose deaths from prescription painkillers alone has more than tripled over the past decade. But a survey by the University of Washington found that 88 percent of opiate users in the state, where an immunity law was passed in 2010, are now more likely to call 911 after an overdose.

Not surprisingly, the laws don't always sit well with police, prosecutors and some lawmakers, many of whom feel that granting immunity to drug users promotes more drug use. But advocates point out that such immunity is limited to minor drug violations. Callers with several pounds of cocaine or surrounded by an elaborate methamphetamine lab won't receive the same protection as a scared college student at a frat party with a small amount of Ecstasy in his pocket. The goal is to help people in serious need of medical help who might otherwise lose their lives.

Source: The Seattle Times, "States encouraging drug users to report overdoses," Eric Tucker, July 18, 2012

· Our firm handles a wide variety of cases involving drug charges. If you would like to learn more about our practice, please visit our Portland drug crimes page.