Can You Get In Trouble For Reporting A Drug Overdose?

Where will you be on New Year’s Eve? According to data collected by Civic Science, roughly one-third (33%) of Americans will be partying as the clock strikes midnight. In addition, approximately 37% of individuals indicated they will be drinking alcoholic beverages, whether they are attending a party or staying at home.

Unfortunately, New Year’s Eve or not, there is little information about illegal substance use. Even under the guise of being anonymous, humans are much less likely to answer an incriminating question. But, when there’s partying and alcohol involved, there’s a possibility for illegal substances to be present as well. 

Arkansas has special protections for people who seek medical intervention in the event of an overdose, so here’s what you need to know to stay protected and safe.

The Story Of Joshua Ashley-Pauley

Joshua Ashley-Pauley was a bright, 20 year old college student who accidentally overdosed in May of 2014. Although he was with a group of friends at the time of his death, all of the witnesses were too afraid to call for help.

His passing sparked conversation among Arkansas lawmakers. What could be done to prevent this senseless death and protect other citizens from a similar fate?

Once it was revealed that his friends were fearful to seek medical treatment for Ashley-Pauley due to their use of a controlled substance, the solution became clear: offer immunity to individuals and bystanders reporting an overdose.

Exploring The Legal Statutes Of The Joshua Ashley-Pauley Act

The Arkansas Joshua Ashley-Pauley Act is relatively straightforward:

• If you overdose on an illegal substance, you can seek medical attention without fear of legal charges. 
• If you witness someone else overdosing on an illegal substance, you cannot get in legal trouble for helping the individual receive treatment. 
• If you or someone else is on probation, parole, or violates a protective order while seeking treatment for an overdose, you will be free from legal consequences related to the medical emergency.

Regardless of the circumstances, any individual in Arkansas can report an overdose and receive essential life-saving treatment. Remember this and you might save someone’s life.

Legal Protection Across The U.S.

Although the Joshua Ashley-Pauley Act is only valid in Arkansas, there are various legal protections for reporting overdoses in other states. If you plan to travel for New Year’s (or any other time of year for that matter) it’s worthwhile looking up the state laws. Many states offer these protections through the “Good Samaritan Law.”

While we cannot provide the statues for every state in America, we’ll review the overdose protection laws for some of the most popular travel locations:

• California: An individual will be protected from legal consequences of minor drug possession and having drug paraphernalia. 
• Florida: Similar to Arkansas, Florida will protect individuals when reporting and/or personally experiencing an overdose, including legal protection for people on probation and parole. 
• New York: People will not face legal trouble for underage drinking, having any amount of marijuana, possessing less than 8 ounces of an illegal substance, sharing drugs, and holding drug paraphernalia.

Each state is different, so it’s important to review these protections prior to traveling. While every state has their own version of the “Good Samaritan Law,” some places (including Arkansas) only have Good Samaritan statutes that prevent medical professionals or bystanders from being sued for helping an individual in distress in public.

Medical Intervention Is Critical For Drug Overdoses

If you are facing legal consequences in Arkansas for seeking medical treatment for an overdose, it’s time to contact a lawyer. Depending upon the circumstances, it’s possible to fight the charges based on the Joshua Ashley-Pauley Act. But you won’t know until you make a consultation appointment.

Hickey & Hull makes scheduling your initial consultation easy — contact one of our five Arkansas offices by phone or speak to one of our online agents today and find out how our legal professionals can help you.