SECTION 1.  Chapter 94C of the General Laws, as appearing the 2008 Official Edition, is hereby amended by inserting the following section:

Section 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 pursuant to the provisions of section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance.

(b)A person who experiences 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 section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.

(c)The act of seeking medical assistance for someone who is experiencing a drug related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Controlled Substance Act.

(d)A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for being in possession of a controlled substance pursuant to the provisions of section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the seeking of medical assistance.

(e)A person who experiences a drug related overdose and is in need of medical assistance shall not be charged or prosecuted for being in possession of a controlled substance pursuant to section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.

(f)Nothing contained herein shall prevent anyone from being charged with trafficking, distribution, and/or possession of a controlled substance with intent to distribute.