Under current law, a person is immune from arrest and prosecution
of certain criminal offenses if the person reports an overdose to an emergency responder and satisfies additional requirements related to the reporting. The bill extends that immunity from arrest and prosecution to the following criminal offenses:
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Unlawful possession of a controlled substance if the material, compound, mixture, or preparation contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and
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Unlawful distribution or transfer of the controlled substance for the purpose of consuming all of the controlled substance with another person at a time substantially contemporaneous with the transfer, if the distribution or transfer involves certain controlled substances.
The bill creates an affirmative defense to the prosecution for
unlawful distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation that weighs not more than 4 grams and contains any amount of certain controlled substances if the person reports an overdose to an emergency responder and satisfies additional requirements related to the reporting.
