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What to know about Alaska’s overdose immunity law

Last year, more Alaska residents lost their lives to opioid overdoses than in any time in history – with at least 342 people dead. That was up 45% from just the year before. Fentanyl is one of the leading causes of opioid deaths, as is heroin.

Most people aren’t alone when they overdose. However, those who are with them too often don’t call 911 or otherwise seek help because they fear being arrested for their own drug use. That’s why states across the country – including Alaska – have enacted laws that provide some immunity from prosecution on drug-related charges for those who act as “Good Samaritans” and get help. 

How to qualify for immunity

The law provides immunity from charges for possession of a controlled substance if that possession was discovered by law enforcement only because a person sought help in “good faith” for an overdose victim. “Good faith” means they can’t just point out that someone is suffering an overdose during a search or arrest to try to avoid charges. They need to call 911, take someone to an emergency room or otherwise take action to get medical help.

Further, to qualify for immunity, a person must remain at the scene until help arrives. Then, they must cooperate with first responders, including police and paramedics. That includes accurately identifying themselves. 

Note that people can qualify for immunity if they call for help because they believe they’re suffering an overdose. Too many people die alone of drug overdoses because they’re afraid that if they call 911, they’ll eventually end up in jail.

What offenses aren’t covered?

The immunity doesn’t apply to more serious drug-related crimes, like distribution or manufacturing. It also doesn’t apply to any other type of crime the police may find evidence of at the scene. Of course, the fact that a crime was discovered only because someone sought help for an overdose victim could certainly be used to try to lessen the charge and/or the penalties.

The law doesn’t protect people from being arrested. However, if you believe you were charged with a crime for which you should receive immunity under this law or you want to ensure that you make the best possible case for lessening the consequences of an alleged offense that doesn’t qualify for immunity, it’s smart to get legal guidance. 

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