One who overdoses or helps one who overdoses may be exempt from prosecution for possession of an illegal controlled substance. Under G.L.c. 94C§34A, “(a) A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance under sections §34 or §35 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance." The same applies to one experiencing an overdose and the controlled substance was gained as a result of the overdose and the necessity for obtaining medical assistance.

This exemption applies only to possessory offenses and not to either distribution or trafficking offenses. In other words, if a person who, in an attempt to provide aid to one who has overdosed, possesses illegal controlled substances sufficient for either distribution or trafficking charges, he or she will not be exempt from prosecution under this new law. What do you think?

For additional discussions on the Massachusetts Three Strikes Act, visit my Criminal Law blog at www.attorneycasouza.com