New Illinois Law Grants Drug Possession Immunity for Overdose Reports

September 30, 2012

In recognition of the importance of providing timely emergency healthcare to drug overdose victims, a law signed by Illinois Gov. Pat Quinn this year grants immunity from drug crimes prosecutions to individuals who report drug overdoses by calling 911. One motivation for sponsors of the bill was the fact that Illinois is among a small number of states that have more drug overdose fatalities than traffic deaths.

Senate Bill 1701, also known as the Emergency Medical Services Access Law, passed narrowly in the Illinois House despite opposition from law-and-order advocates. The new law amends the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act by providing immunity from charges and prosecution for felony possession to those who make a good faith effort to seek or obtain emergency medical assistance for a person experiencing an overdose.

For purposes of the new statute, overdose means "a controlled substance-induced physiological event that results in a life-threatening emergency to the individual who ingested, inhaled, injected or otherwise bodily absorbed a controlled, counterfeit or look-alike substance or a controlled substance analog." The extent of immunity is limited, applying to various controlled substance amounts as follows:
- Less than three grams of heroin, cocaine, LSD or morphine
- Less than 40 grams of peyote or amphetamine
- Less than 40 grams of Schedule I or II narcotic drugs

The law provides further details regarding amounts of various types of "bath salts" and other illegal drugs. Further exceptions from immunity are provided for situations in which police had probable cause or reasonable suspicion to arrest or detain the person based on information obtained before the overdose report.

Like many previous amendments to Illinois criminal law, the Emergency Medical Services Access Law could play a role in pretrial negotiations over the level of charges that a person may face who is subject to both possession and trafficking charges. An Illinois criminal defense attorney can explain the significance of this recent change to a person who faces drug charges involving circumstances where a person fell ill.

A drug crimes lawyer can also provide advice about all other aspects of criminal defense, including a person's Constitutional protections, the implications of related weapons charges and a client's prospects for success on appeal.

Article provided by McMahon Law Offices Attorneys & Counselors at Law
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