Whether you live in Indiana or your young adult child will be residing here while attending one of the state’s many colleges and universities, it’s important for them to know about the state’s drug overdose immunity law. While every state has a version of this law, some are more comprehensive than others when it comes to protecting people from being charged with drug-related crimes after calling 911 to report an overdose.
These laws, which are a type of “Good Samaritan” law, have been enacted to help prevent drug overdoses from becoming fatal simply because those suffering or witnessing the overdose are afraid to get help. Too often, people panic and leave the scene rather than call for help because they’re afraid that if police show up, they’ll be arrested for their own drug use. Even if they’re not using drugs, if drugs and/or paraphernalia are nearby, they may fear that police will assume they belong to them.
What does Indiana law say?
Indiana’s immunity provisions are part of the state’s law that provides civil immunity (meaning they can’t be sued) to anyone who administers naloxone (Narcan) to someone who’s overdosing. The law (known as Aaron’s law) states that a person won’t be charged for offenses involving possession of controlled substances, cocaine, meth, synthetic drug lookalikes, marijuana and drug paraphernalia if evidence of those alleged offenses is discovered because they sought emergency help in good faith for someone suffering an overdose. However, they must do all of the following:
- Administer Narcan to the overdose victim (available in distribution centers and other locations throughout the state, including college campuses)
- Stay with the victim
- Cooperate with police (including identifying themselves and the person suffering the overdose)
Unlike in many other states, Indiana law doesn’t extend immunity to the person who’s suffering the overdose. Further, the law doesn’t provide immunity for other criminal charges if evidence discovered at the scene or violations of probation or parole requirements. There’s also no guarantee that they won’t be arrested and let go after everything is sorted out.
It’s always important to do the right thing – especially if someone’s life is in danger – rather than run away from the situation. Even if your college student ends up facing criminal charges, by having legal guidance, they can make the case that they took action to save a life and should be spared serious consequences for any alleged wrongdoing as a result.