_________________________________________________________________________________________ Legal Update February 7, 2013 Revisiting the Good Samaritan Portion of Melissa’s Law Under the Good Samaritan Portion of Melissa’s Law, a person who seeks medical attention in good faith for an overdose shall not be arrested or prosecuted for possession. An Act relative to sentencing and improving law enforcement tools: Chapter 192 of the Acts of 2012, AKA Law” and Bill” = prohibits parole for three time offenders. The law was passed “Melissa’s “Crime because Melissa Gosule was murdered when her car broke down on the side of the road. The man who had murdered Melissa was a convicted felon and had committed serious offenses but was able to receive parole Melissa’s Law became law in August 2, 2012 and provides a number of provisions that impact policing. One critical aspect of the law is that individuals who in good faith seek medical attention for individuals who have overdosed or are experiencing a drug- related overdose will not be prosecuted or charged for possession of a controlled substance. How does the new legislation affect policing? Key Provisions Relevant to Policing: A person who experiences a drug-related overdose and is in need of Good Samaritan Portion: medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request for medical assistance, shall not be charged or prosecuted for possession of a controlled substance. The Good Samaritan Portion does not prevent police from charging an individual with trafficking, distribution or possession of a controlled substance if there is observable evidence of intent to distribute. A person acting in good faith may receive a naloxone prescription, possess naloxone and administer naloxone to an individual appearing to experience an opiate-related overdose. Physicians cannot be criminally charged for prescribing an individual Naloxone or other opioid antagonist may lawfully be prescribed and dispensed to a person at risk of experiencing an
_________________________________________________________________________________________ Legal Update February 7, 2013 Revisiting the Good Samaritan Portion of Melissa’s Law Under the Good Samaritan Portion of Melissa’s Law, a person who seeks medical attention in good faith for an overdose shall not be arrested or prosecuted for possession. Chapter 192 of the Acts of 2012, An Act relative to sentencing and improving law enforcement tools: AKA “Melissa’s Law” and “Crime Bill” = prohibits parole for three time offenders. The law was passed because Melissa Gosule was murdered when her car broke down on the side of the road. The man who had murdered Melissa was a convicted felon and had committed serious offenses but was able to receive parole Melissa’s Law became law in August 2, 2012 and provides a number of provisions that impact policing. One critical aspect of the law is that individuals who in good faith seek medical attention for individuals who have overdosed or are experiencing a drug- related overdose will not be prosecuted or charged for possession of a controlled substance. How does the new legislation affect policing? Key Provisions Relevant to Policing: Good Samaritan Portion: A person who experiences a drug-related overdose and is in need of medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request for medical assistance, shall not be charged or prosecuted for possession of a controlled substance. The Good Samaritan Portion does not prevent police from charging an individual with trafficking, distribution or possession of a controlled substance if there is observable evidence of intent to distribute. A person acting in good faith may receive a naloxone prescription, possess naloxone and administer naloxone to an individual appearing to experience an opiate-related overdose. Physicians cannot be criminally charged for prescribing an individual Naloxone or other opioid antagonist may lawfully be prescribed and dispensed to a person at risk of experiencing an