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| Cayuga Medical Center, Copyright Cyr 2015 |
PROTECTING YOU OR YOUR FRIENDS WHO OVERDOSE ON DRUGS OR ALCOHOL
Fortunately, there are protections built into New York’s laws that protect people who seek medical care for alcohol and drug abuse from some potential criminal charges. The goal is to make sure all students know that their personal safety comes first and that they will NOT get in as much trouble as they could for seeking medical attention for themselves or their friends. The criminal charge exposure is significantly reduced.
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| Cayuga Medical Center Emergency Department Entrance, Copyright Cyr 2015 |
NY Penal Law, s. 220.78, sums up the above paragraph.
1. A person who, in good faith, seeks health care for someone who is
experiencing a drug or alcohol overdose or other life threatening
medical emergency shall not be charged or prosecuted for a controlled
substance offense under article two hundred twenty or a marihuana
offense under article two hundred twenty-one of this title, other than
an offense involving sale for consideration or other benefit or gain, or
charged or prosecuted for possession of alcohol by a person under age
twenty-one years under section sixty-five-c of the alcoholic beverage
control law, or for possession of drug paraphernalia under article
thirty-nine of the general business law, with respect to any controlled
substance, marihuana, alcohol or paraphernalia that was obtained as a
result of such seeking or receiving of health care.
The primary exception is for people who are selling drugs. They may still be prosecuted under drug sale crimes, but usually not possession based crimes. There may still be ramifications for alcohol possession if you are under 21, but the exposure for criminal charges is significantly lessened.
All in all, this law is designed to protect both the user experiencing the overdose and the “Good Samaritan” who sought medical attention in times of drug or alcohol emergency. Tell your friends and parents about this law. It could save your life someday.
This is an important law to know about if you are high school or college student in New York --as it is students who typically misjudge the powerful effect of alcohol or drugs in Ithaca. But this law applies to us all. Not just students.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi
Twitter: @ithacadwi
