Current through 2024 Public Law 457
Section 21-28.9-4 - Emergency overdose care - immunity from legal repercussions(a) Any person who, in good faith, without malice and in the absence of evidence of an intent to defraud, seeks medical assistance for someone experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency shall not be charged or prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug-involved premises, if the evidence for the charge was gained as a result of the seeking of medical assistance.(b) A person who experiences a drug or alcohol overdose or other drug- or alcohol-related medical emergency and is in need of medical assistance shall not be charged or prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, possession or transportation of alcohol by an underage person, or the operation of a drug-involved premises, if the evidence for the charge was gained as a result of the overdose and the need for medical assistance.(c) The act of providing first aid or other medical assistance to someone who is experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency may be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act.(d) The immunity related to the possession of a controlled substance or drug paraphernalia, possession or transportation of alcohol by an underage person, or the operation of a drug-involved premises afforded under this section shall also extend to a violation of probation and/or parole on those grounds.R.I. Gen. Laws § 21-28.9-4
Amended by 2018 Pub. Laws, ch. 195,§ 1, eff. 7/2/2018.Amended by 2018 Pub. Laws, ch. 138,§ 1, eff. 7/2/2018.Added by 2016 Pub. Laws, ch. 1,§ 1, eff. 1/27/2016.Added by 2016 Pub. Laws, ch. 2,§ 1, eff. 1/27/2016.