• David Casey

Drug Possession and the Good Samaritan Law

Drug overdoses have reached epidemic proportions in this country. Jefferson County and Eastern Missouri have been hit particularly hard. So in 2017, the state's legislature passed Senate Bill 501 which became Section 195.205 RSMo - the Good Samaritan Law. This law gives immunity to one whom, in good faith, seeks or obtains medical assistance in reference to a drug overdose. If someone falls within that category - then that person shall not be charged, prosecuted, or arrested for possession of a controlled substance.

Under the plain language of the statute, this immunity applies to both the individual who makes the 9-1-1 call, as well as the individual needing aid and experiencing an overdose.

In the time since the law went into effect on August 28, 2017, I have seen numerous cases where law enforcement agencies arrested, and even charged and prosecuted individuals who would fall within this statute's immunity provisions.

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