37-2739C. MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION. (1) A person acting in good faith who seeks medical assistance for any person experiencing a drug-related medical emergency shall not be charged or prosecuted for possession of a controlled substance pursuant to section 37-2732(c) or (e), Idaho Code, for using or being under the influence of a controlled substance pursuant to section 37-2732C(a), Idaho Code, or for using or possessing with intent to use drug paraphernalia pursuant to section 37-2734A(1), Idaho Code, if the evidence for the charge of possession of or using or being under the influence of a controlled substance or using or possessing drug paraphernalia was obtained as a result of the person seeking medical assistance.
(2) A person who experiences a drug-related medical emergency and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to section 37-2732(c) or (e), Idaho Code, for using or being under the influence of a controlled substance pursuant to section 37-2732C(a), Idaho Code, or for using or possessing with intent to use drug paraphernalia pursuant to section 37-2734A(1), Idaho Code, if the evidence for the charge of possession of or using or being under the influence of a controlled substance or using or possessing drug paraphernalia was obtained as a result of the medical emergency and the need for medical assistance.
(3) The protections in this section from prosecution shall not be grounds for suppression of evidence in other criminal charges.
History:
[37-2739C, added 2018, ch. 265, sec. 1, p. 637.]
Structure Idaho Code
Title 37 - FOOD, DRUGS, AND OIL
Chapter 27 - UNIFORM CONTROLLED SUBSTANCES
Section 37-2732 - PROHIBITED ACTS A — PENALTIES.
Section 37-2732A - SACRAMENTAL USE OF PEYOTE PERMITTED.
Section 37-2732B - TRAFFICKING — MANDATORY SENTENCES.
Section 37-2732C - USING OR BEING UNDER THE INFLUENCE — PENALTIES.
Section 37-2733 - PROHIBITED ACTS B — PENALTIES.
Section 37-2734 - PROHIBITED ACTS C — PENALTIES.
Section 37-2734A - PROHIBITED ACTS D — PENALTIES.
Section 37-2734B - PROHIBITED ACTS E — PENALTIES.
Section 37-2734C - PROHIBITED ACTS F — PENALTIES.
Section 37-2735 - PENALTIES UNDER OTHER LAWS.
Section 37-2735A - DRUG HOTLINE FEE.
Section 37-2736 - BAR TO PROSECUTION.
Section 37-2737 - DISTRIBUTION TO PERSONS UNDER AGE 18.
Section 37-2737A - MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN ARE PRESENT.
Section 37-2738 - SENTENCING CRITERIA IN DRUG CASES.
Section 37-2739 - SECOND OR SUBSEQUENT OFFENSES.
Section 37-2739A - MANDATORY MINIMUM PENALTY.
Section 37-2739B - FIXED MINIMUM SENTENCES IN DRUG CASES.
Section 37-2739C - MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION.