Generally, present law provides immunity from being arrested, charged, or prosecuted for a drug violation to a person who: (1) In good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance; and (2) Is experiencing a drug overdose for the first time and who in good faith seeks medical assistance for or is the subject of a request for medical assistance if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. For a second or subsequent overdose, the decision to arrest, charge, or prosecute is within the discretion of the responding officer and district attorney. Present law defines "drug violation" to mean: (A) Simple possession or casual exchange of a controlled substance; and (B) To use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. This bill makes the present law immunity under (1) and (2) applicable to drug overdoses generally, rather than only drug overdoses, and also makes the immunity under (1) and (2) applicable to drug and alcohol violations, which this bill defines to include: (1) The offenses described in (A) and (B); (2) The purchase, possession, transport, or consumption of alcoholic beverages, wine, or beer by a person who is less than 21 years of age, and the attempt to purchase such products by a person who is less than 21 years of age; (3) Enticing minor to purchase alcoholic beverages or beer, giving or purchasing of alcoholic beverages or beer for minor, and allowing underage consumption of alcoholic beverages, wine, or beer; (4) Public intoxication; (5) Making false statements or using false identification in the attempted purchase of alcoholic beverages, wine, or beer by a person who is less than 21 years of age; and (6) General offenses involving alcoholic beverages that are classified as a Class C misdemeanor under present law. ON MARCH 27, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 940, AS AMENDED. AMENDMENT #1 makes the following revisions:  For purposes of providing immunity from prosecution when seeking assistance for drug overdose, (i) adds immunity for a violation of tobacco, smoking hemp, or vapor products and alcoholic beverage restrictions on persons under 21; and (ii) removes immunity for simple possession or casual exchange.  Removes immunity from prosecution for violations added by the bill when committed by a person licensed pursuant to this state's alcohol laws while working in the scope of the person's employment or to an employee of a person licensed pursuant to this state's alcohol laws while the employee is acting on behalf of such person.

Statutes affected:
Introduced: 63-1-156(a)(3), 63-1-156
Amended with SA0142 -- 03/27/2025: 63-1-156(a)(3), 63-1-156