A lot of people don’t realize that they may be able to avoid being charged with certain drug-related offenses simply by doing the right thing. North Carolina, like many other states across the country, has a law that provides some immunity to those who get emergency help for someone who is suffering an overdose.
State lawmakers have enacted these “Good Samaritan” or “limited immunity” laws to help curb the epidemic of fatal overdoses. When minutes can make the difference between life and death, they want to encourage people to call for help rather than leave the scene because they’re afraid of being arrested.
What does North Carolina law say?
Every state’s law is unique. Some are broader than others. Let’s look specifically at North Carolina’s “limited immunity” law.
The law states that a person who gets emergency help (for example, by calling 911 or going to an urgent care facility) for someone they reasonably believe is overdosing won’t be charged for having a small amount of drugs and/or drug paraphernalia (essentially enough for personal use) as long as the drugs are found only because law enforcement responded to the scene.
Under the law, the person who gets help must:
- Do so “in good faith” — They must get help because it’s needed and not to get out of an impending arrest.
- Have a “reasonable belief” that no one else has already called for help
- Provide their real name to authorities
North Carolina’s law also protects people who seek emergency help if their drug possession and use violate their conditions of parole or probation.
The law also protects overdose victims
Unlike in some other states, overdose victims qualify for the same immunity, whether they seek help for themselves or someone else gets help for them. That’s important, because too often, even if someone hasn’t been using drugs themselves, they’re afraid to get help for someone else out of fear that they’ll be arrested. Sometimes, people won’t even get help for their own overdose for that reason.
The law doesn’t provide any guarantees that someone won’t be wrongly arrested because police aren’t fully aware of the circumstances. That’s one reason why it’s crucial to know about the law. If you or a loved one has been arrested and charged with a drug-related offense after getting emergency help for an overdose, it’s smart to get legal guidance as soon as possible accordingly.