Laws

LAWS YOU NEED TO KNOW—!

It is important to know your rights.  You cannot protect yourself, even a little bit, if you are not aware of the laws and your rights.  New legislation that affects people that use drugs and loved ones of drug users.

Hey Everybody- GOOD NEWS!new laws

So we have good news straight from Raleigh, NC about new laws that will become effective 12-31-15!  We had success in our Advocacy Efforts….YEAH!  We got our Good Samaritan Law stronger which USU has been an instrumental part of making happen!  This means you can be on probation and parole and you are still granted immunity from being charged or prosecuted for up to one gram of any drug if you call 911 in an overdose situation.

If you tell and officer you have syringes before a search you cannot be prosecuted fo the syringes or residue in the needle—NO more heroin or coke charges for residue!!! Yeahh… ALL you have to do is tell the officer before they search the car.  I suggest you record the entire interaction!!  We will be posting the new legislation as soon as it is signed by the Governor!

Good Samaritan Law-  How the Good Samaritan affects you

SB20 911 Good Samaritan/ Naloxone Access Law, effective April 9, 2013,  If you call 911 because someone is overdosing you are granted immunity from prosecution up to one gram of cocaine and one gram of heroin and underage drinking

It also makes it legal to carry Naloxone and administer it to someone in need without worrying about liability

COPY OF THE LAW

The General Assembly of North Carolina enacts:

SECTION 1. Article 5 of Chapter 90 of the General Statutes is amended by adding a new section to read:
Ҥ 90-96.2. Drug-related overdose treatment; limited immunity.
(a) As used in this section, “drug-related overdose” means an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe to be a drug overdose that requires medical assistance.
(b) A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose shall not be prosecuted for (i) a misdemeanor violation of G.S. 90-95(a)(3), (ii) a felony violation of G.S. 90-95(a)(3) for possession of less than one gram of cocaine, (iii) a felony violation of G.S. 90-95(a)(3) for possession of less than one gram of heroin, or (iv) a violation of G.S. 90-113.22 if the evidence for prosecution under those sections was obtained as a result of the person seeking medical assistance for the drug-related overdose.
(c) A person who experiences a drug-related overdose and is in need of medical assistance shall not be prosecuted for (i) a misdemeanor violation of G.S. 90-95(a)(3), (ii) a felony violation of G.S. 90-95(a)(3) for possession of less than one gram of cocaine, (iii) a felony violation of G.S. 90-95(a)(3) for possession of less than one gram of heroin, or (iv) a violation of G.S. 90-113.22 if the evidence for prosecution under those sections was obtained as a result of the drug-related overdose and need for medical assistance.
(d) Nothing in this section shall be construed to bar the admissibility of any evidence obtained in connection with the investigation and prosecution of other crimes committed by a person who otherwise qualifies for limited immunity under this section.”
SECTION 2. Article 5 of Chapter 90 of the General Statutes is amended by adding a new section to read:
Ҥ 90-106.2. Treatment of overdose with opioid antagonist; immunity.
(a) As used in this section, “opioid antagonist” means naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose.
(b) A practitioner acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antagonist to (i) a person at risk of experiencing an opiate-related overdose or (ii) a family member, friend, or other person in a position to assist a person at risk of experiencing an opiate-related overdose. As an indicator of good faith, the practitioner, prior to prescribing an opioid under this subsection, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:
(1) The person seeking the opioid antagonist is at risk of experiencing an opiate-related overdose.
(2) The person other than the person who is at risk of experiencing an opiate-related overdose, and who is seeking the opioid antagonist, is in relation to the person at risk of experiencing an opiate-related overdose:
a. A family member, friend, or other person.
b. In the position to assist a person at risk of experiencing an opiate-related overdose.(c) A person who receives an opioid antagonist that was prescribed pursuant to subsection (b) of this section may administer an opioid antagonist to another person if (i) the person has a good faith belief that the other person is experiencing a drug-related overdose and (ii) the person exercises reasonable care in administering the drug to the other person. Evidence of the use of reasonable care in administering the drug shall include the receipt of basic instruction and information on how to administer the opioid antagonist.
(d) All of the following individuals are immune from any civil or criminal liability for actions authorized by this section:
(1) Any practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this section.
(2) Any person who administers an opioid antagonist pursuant to subsection (c) of this section.”
SECTION 3. Chapter 18B of the General Statutes is amended by adding a new section to read:
Ҥ 18B-302.2. Medical treatment; limited immunity.
Notwithstanding any other provision of law, a person under the age of 21 shall not be prosecuted for a violation of G.S. 18B-302 for the possession or consumption of alcoholic beverages if law enforcement, including campus safety police, became aware of the possession or consumption of alcohol by the person solely because the person was seeking medical assistance for another individual. This section shall apply if, when seeking medical assistance on behalf of another, the person did all of the following:
(1) Acted in good faith, upon a reasonable belief that he or she was the first to call for assistance.
(2) Used his or her own name when contacting authorities.
(3) Remained with the individual needing medical assistance until help arrived.”

PARTIAL SYRINGE DECRIMINALIZATION LAW

HB850 Possession of Needles/ Tell Law Officer, effective December 1, 2013, states that if a person alerts an officer to the fact that he/she has a hypodermic needle or other sharp object on her person, premises or vehicle prior to a search he/she cannot be charged or prosecuted with possession of drug paraphernalia for that object. The purpose of this law is to protect officers from punctures or wounds from sharp objects that could be potentially contaminated with HIV or hepatitis C and to encourage suspects to be honest with officers about paraphernalia they may have in their possession.

COPY OF LEGISLATION

A BILL TO BE ENTITLED

AN ACT TO PROVIDE THAT A PERSON WHO ALERTS A LAW ENFORCEMENT OFFICER OF THE PRESENCE OF A HYPODERMIC NEEDLE OR OTHER SHARP OBJECT POSSESSED BY THE PERSON PRIOR TO A SEARCH BY THE OFFICER SHALL NOT BE CHARGED WITH POSSESSION OF DRUG PARAPHERNALIA FOR POSSESSION OF THE NEEDLE OR OTHER SHARP OBJECT.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90-113.22 is amended by adding a new subsection to read:

(c)       Prior to searching a person, a person’s premises, or a person’s vehicle, a law enforcement officer may ask the person whether the person is in possession of a hypodermic needle or other sharp object that may cut or puncture the officer or whether such a hypodermic needle or other sharp object is on the premises or in the vehicle to be searched. If there is a hypodermic needle or other sharp object on the person, on the person’s premises, or in the person’s vehicle and the person alerts the law enforcement officer of that fact prior to the search, the person shall not be charged with or prosecuted for possession of drug paraphernalia for the needle or sharp object. The exemption under this subsection does not apply to any other drug paraphernalia that may be present and found during the search.

SECTION 2.  This act becomes effective December 1, 2013.

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