SENATE DOCKET, NO. 883        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1843

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to reduce opioid overdose deaths..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 112 of the General Laws, as appearing in the 2006 Official Edition, hereby amended by inserting after section 12CC the following section:

12DD:  Notwithstanding any general or special law to the contrary,

Any person, who in good faith, seeks medical assistance for someone who is or there is reason to believe is experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance, pursuant to the Controlled Substances Act, M.G.L c. 94C, if the evidence for the charge of or prosecution for possession of a controlled substance was obtained as a result of the seeking of medical assistance;

Any person who experiences or has reason to believe he or she is experiencing a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance, pursuant to the Controlled Substances Act, M.G.L. c. 94C, if the evidence for the charge of or prosecution for possession of a controlled substance was obtained as a result of the seeking of medical assistance;

Nothing in this section shall prohibit a charge or prosecution for possession with intent to manufacture, distribute or dispense a controlled substance or the entry of a plea or verdict of guilty for possession of a controlled substance as a lesser-included offense of a complaint or indictment charging possession of a controlled substance with intent to manufacture, distribute, or dispense.  The act of seeking medical assistance for someone who is or there is reason to believe is experiencing a drug-related overdose shall be admissible as evidence in a criminal prosecution pursuant to the Controlled Substances Act, M.G.L. c. 94C, if the evidence for the charge or prosecution was obtained as a result of the seeking of medical assistance.