Georgia, like other states, has a law that allows people to avoid being charged with a relatively small amount of illegal drugs if their offense is discovered solely because they sought emergency help for a person who appeared to be suffering an overdose. This is called the 911 Medical Amnesty Law.
Every state’s law is different, and some offer broader immunity than others. The goal of all of them is to minimize the number of fatal overdoses that could be prevented if someone with the victim wasn’t afraid that if they called 911 or otherwise sought medical assistance, they wouldn’t end up in jail. Let’s take a brief look at Georgia’s law.
The law gives people immunity from arrest, charge and prosecution for crimes related to possession of illegal drugs and drug paraphernalia for personal use as well as certain alcohol-related crimes. It also provides immunity for legal consequences for violating the conditions of parole, probation or pretrial release, if applicable.
What is required to qualify for immunity under this law?
To receive this immunity, a person who seeks emergency help must do so in “good faith,” remain at the scene and cooperate with first responders (including police). “Good faith” means can’t just be getting assistance to avoid imminent arrest when police are already on the scene, but to genuinely help someone.
The person who appears to be overdosing also gets this immunity. That means someone doesn’t have to fear that if they get help for someone, that person will end up facing drug charges related to their overdose. A person who believes they are overdosing and calls 911 or otherwise seeks emergency help for themselves is also covered by the law.
Like all laws, the 911 Medical Amnesty Law doesn’t always work as it should in real life. It’s possible that police may not be fully aware of the circumstances and arrest everyone they find with drugs. When that happens, it’s important to get legal guidance as soon as possible to protect your rights.