26.05.240 Medical assistance – Drug-related overdose or life-threatening emergency.
(1) Any person or group of people acting in good faith who seeks medical assistance, or assists another in seeking medical assistance, for any person, including himself or herself, experiencing a drug-related overdose or other life-threating medical emergency, and reports all relevant information available to such person as to the cause and circumstances of the drug-related overdose or life-threatening medical emergency, shall not be arrested or convicted for the following:
(a) Contributing to the delinquency of an underage person pursuant to CTC 26.25.050;
(b) Possession of a controlled substance pursuant to CTC 26.55.070;
(c) Possession of drug paraphernalia pursuant to CTC 26.55.080;
(d) Possession of an alcoholic beverage by a person under 21 pursuant to CTC 26.55.100;
(e) Misdemeanor warrants for nonviolent crimes.
(2) The protections in subsection (1) of this section may be raised as an affirmative defense, or as grounds to suppress evidence obtained as a result of a report of a drug-related overdose or life- threatening medical emergency.
(3) Evidence obtained as a result of a report of a drug-related overdose or life-threatening medical emergency under the circumstances stated in subsection (1) of this section shall not serve as the sole basis for revoking or modifying a person’s supervision status, or as the basis for any probable cause finding to search the premises where such overdose or medical emergency occurs or to arrest any person who reports such overdose or medical emergency under the circumstances stated in subsection (1) of this section.
(4) For the purposes of this section, “drug-related” means an acute medical condition that is the result of the ingestion or use by an individual of one of more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury.
(5) The protections in this section shall not be grounds for suppression of evidence in other criminal charges arising from circumstances related to a drug-related overdose or other life- threatening medical emergency.
(6) Nothing in this section shall prohibit arrest, prosecution, or conviction for any crime not listed herein, or seizure of any drugs or paraphernalia found at the scene of a drug-related overdose or other life-threatening emergency.