Bill > HB4314

This bill creates a defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia. The defense applies if the person was the first to request emergency medical assistance in response to a possible overdose, made the request during an ongoing medical emergency, remained on the scene until medical assistance arrived, and cooperated with medical and law enforcement personnel. The defense is also available to the person who was the victim of the possible overdose. This defense has limitations and does not apply in certain circumstances, such as if the person was committing another offense or has a prior conviction for related offenses. The bill specifies that this change in law applies only to offenses committed on or after the effective date of September 1, 2021.