Too many people aren’t aware that all states, including Michigan, have some kind of “Good Samaritan” fatal overdose prevention law. These laws provide limited immunity to those who seek emergency help for someone they reasonably believe is suffering an overdose. They’re intended to encourage people to call 911 without having to worry that they’ll be arrested for their own drug possession and use.
Each state’s law is unique. Let’s take a look at Michigan law.
What is covered under Michigan law?
Unlike some states’ laws, Michigan law applies to not only the person who calls for help but also to the person who is having the drug-related medical emergency. The overdose victim is also protected if they call 911 or otherwise seek help for themselves.
The immunity applies for offenses that involve having drugs in an “amount sufficient only for personal use.” The immunity is only for these particular offenses and only if they’re discovered because someone sought emergency help for themselves or someone else.
The law provides immunity only to these specific drug use and possession offenses. It doesn’t apply to more serious drug-related offenses like distribution or delivery. It also has no relevance to any other kinds of offenses that police might discover evidence of at an overdose scene.
Note that the law states that people are protected from prosecution for the applicable offenses. It’s not a guarantee that someone may not be arrested or even charged with an offense for which they should have immunity under the law.
If someone believes they were wrongly arrested or even if they would like to have their “Good Samaritan” act considered in the charging decision for another offense that their act brought to authorities’ attention, it’s smart to get experienced legal guidance as early as possible.