Last year, over 4,000 Ohioans suffered fatal drug overdoses. While that was down almost 20% from 2023, it’s still a disturbingly high number. Many overdoses can be survivable if the victim gets emergency medical intervention. Unfortunately, too many people panic and leave the victim or don’t even call for help for themselves because they fear arrest or causing someone else’s arrest.
That’s why Ohio, like other states, provides immunity under the law from some drug charges if a person’s drug use or possession is discovered by law enforcement only because they sought help for their own or someone else’s overdose.
More about Ohio’s law
Ohio law states that a person who seeks help “in good faith” for a drug overdose “shall not be arrested, charged, prosecuted, convicted, or penalized” for a “minor drug possession offense” or possession of drug paraphernalia. The same protection applies to the person for whom they seek help. Getting emergency help includes calling 911, stopping a law enforcement officer and taking someone to a medical facility.
The law also protects anyone who is “serving a community control sanction or is under a sanction on post-release control acts….” (for example, parole or probation) if their use or possession of drugs is a violation of the conditions of their sanctions.
Some conditions and exceptions
It’s important to note that prosecutors may seek a court order stipulating that to get immunity, a person “obtains a screening and receives a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional” within 30 days of the reported overdose and submit proof that they’ve done so to get immunity from potential drug charges.
It’s also crucial to understand that the purpose of the law is to avoid penalizing people for their personal drug use if it’s discovered only because they sought help. The immunity doesn’t apply if evidence of other criminal activity is discovered – for example, stolen items, illegal weapons, assault or even serious drug offenses like trafficking.
While this law can help Ohioans avoid having a drug charge on their record, it’s not a guarantee of not being arrested or even charged if police and prosecutors don’t have all the facts. That’s where getting legal guidance as soon as possible can help you protect your rights and make your case.