Immunity for Drug Crimes Under the “Good Samaritan” Drug Overdose Act – NRS 453C.150

Overview

The “Good Samaritan” Drug Overdose Act, as outlined in Nevada Revised Statute (NRS) 453C.150, provides limited immunity from prosecution for certain drug-related offenses to individuals who seek medical assistance during a drug overdose emergency. This statute is designed to encourage people to seek help without fear of arrest or prosecution when someone is experiencing a drug overdose. Understanding the scope and limitations of this immunity is crucial for individuals who find themselves in an overdose situation, as well as for legal professionals involved in criminal defense. Attorney Josh Tomsheck of Hofland & Tomsheck has extensive experience in navigating cases involving drug offenses and can help those seeking protection under this statute to assert their rights effectively.

Definition of the “Good Samaritan” Immunity

Under NRS 453C.150, individuals who call for emergency medical assistance during a drug overdose may receive immunity from prosecution for specific drug-related offenses. Key components of this statute include:

1. Seeking Medical Assistance: The statute applies to individuals who seek medical assistance for themselves or others during a drug overdose situation. This includes calling 911, contacting law enforcement, or reaching out to a medical professional for help.
2. Limited Immunity: The immunity provided under this law is limited to certain offenses, such as possession of a controlled substance or possession of drug paraphernalia, and does not extend to all drug-related crimes.
3. Cooperation with Emergency Personnel: To qualify for immunity, the person seeking assistance must remain at the scene of the overdose or at the medical facility until the arrival of emergency responders and cooperate with them.

Legal Protections and Limitations

While the “Good Samaritan” Drug Overdose Act offers important legal protections, it does not provide blanket immunity for all drug-related offenses. To secure immunity under NRS 453C.150, the following criteria must be met:

1. Qualifying Offenses: The immunity generally covers low-level drug possession offenses and possession of drug paraphernalia. It does not extend to higher-level offenses such as drug trafficking, manufacturing, or distribution.
2. Person Overdosing: Both the person experiencing the overdose and the person seeking medical assistance on their behalf may qualify for immunity, provided the conditions of the statute are met.
3. Exclusions: The statute does not provide immunity for:
   • Offenses other than drug possession and paraphernalia, such as outstanding warrants or probation violations.
   • Situations where law enforcement discovers evidence of other crimes unrelated to the overdose, such as weapons possession or child endangerment.

Related Statutes

The “Good Samaritan” Drug Overdose Act is part of a broader effort to address drug-related harm in Nevada. It is related to several other statutes that aim to reduce the risks associated with drug use and provide support in emergency situations:

• Naloxone Distribution – NRS 453C.120: Allows for the distribution and administration of naloxone, an opioid overdose reversal medication, without the need for a prescription.
• Diversion Programs for Drug Offenders – NRS 176A.230: Provides for the possibility of diversion programs that focus on rehabilitation rather than incarceration for certain drug offenses.
• Treatment and Rehabilitation Programs – NRS 458: Encourages the use of treatment and rehabilitation services for individuals struggling with substance use disorders.

Examples of Immunity Under NRS 453C.150

To illustrate how the “Good Samaritan” Drug Overdose Act is applied, consider the following examples:

• Example 1: An individual at a party notices that a friend is unresponsive and showing signs of an overdose. They immediately call 911 and stay at the scene until emergency personnel arrive. Even though the caller is found in possession of a small amount of drugs, they may receive immunity from prosecution under NRS 453C.150.
• Example 2: A person overdoses in a private residence, and a roommate calls for help and administers naloxone. The roommate remains at the scene and cooperates with emergency responders. Despite having drug paraphernalia in their possession, the roommate is protected under the “Good Samaritan” law.

Limitations of the “Good Samaritan” Immunity

While the statute provides essential protections, it is important to understand its limitations:

• Does Not Apply to All Offenses: Immunity is limited to possession-related offenses. It does not protect against charges such as drug trafficking, intent to distribute, or other non-drug-related criminal conduct discovered during the investigation.
• Required Cooperation: Individuals must stay at the scene and cooperate with law enforcement and medical personnel to qualify for immunity.
• Proactive Assistance Required: Immunity is only granted when someone actively seeks help for the overdose. Merely being present at the scene without taking action to seek assistance does not qualify.

Defenses for Violations Excluded from Immunity

If you or someone you know is facing charges that are not covered by the “Good Samaritan” immunity, several defenses may be applicable depending on the circumstances of your case. Attorney Josh Tomsheck can evaluate your situation and develop a defense strategy tailored to your needs. Common defenses include:

1. Lack of Knowledge or Intent: Demonstrating that the accused did not know about or intend to engage in criminal activity, such as unknowingly being in the presence of drugs.
2. Unlawful Search and Seizure: If law enforcement conducted an illegal search or seizure without probable cause, Attorney Josh Tomsheck can file a motion to suppress the evidence, potentially leading to a dismissal of charges.
3. Medical Emergency Defense: In some cases, the urgency of the medical situation may justify actions that would otherwise be illegal, such as the possession of drugs or paraphernalia during an attempt to assist in an overdose situation.

The Importance of Legal Representation

Navigating the complexities of the “Good Samaritan” Drug Overdose Act requires experienced legal representation, particularly if the case involves charges that fall outside the scope of the statute’s protections. Attorney Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling drug-related cases equips him to provide a robust defense for individuals seeking immunity under NRS 453C.150.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven record of achieving favorable outcomes for his clients, including dismissals and reduced charges. His commitment to protecting the rights of his clients and his deep understanding of Nevada’s legal landscape make him a formidable advocate in cases involving the “Good Samaritan” Drug Overdose Act.

Understanding Your Rights

If you are accused of drug-related offenses and believe you qualify for immunity under the “Good Samaritan” Drug Overdose Act, it is essential to understand your rights and seek experienced legal representation. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to providing aggressive and knowledgeable defense strategies tailored to your case.

Contact Josh Tomsheck Today

For more information about seeking immunity for drug-related offenses under the “Good Samaritan” Drug Overdose Act (NRS 453C.150) in Las Vegas or anywhere in Nevada, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome.