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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
medical assistance; drugs; prohibited arrest
Purpose
Prohibits a person from being arrested for the possession or use of a controlled substance or drug paraphernalia, if the person, in good faith, seeks medical assistance for someone experiencing a drug related overdose, or the person experiences a drug related overdose and is in need of medical assistance, and the evidence was gained as a result of the person seeking medical assistance or being in need of medical assistance.
Background
A person who, in
good faith, seeks medical assistance for someone experiencing a
drug-related overdose may not be charged or prosecuted for the possession or
use of a controlled substance or drug paraphernalia or a preparatory offense if
the evidence for the violation was gained as a result of the person's seeking
medical assistance. A person who experiences a
drug-related overdose, who is in need of medical assistance and for whom
medical assistance is sought, may not be charged or prosecuted for the
possession or use of a controlled substance or drug paraphernalia if the
evidence for the violation was gained as a result of the person's overdose and
need for medical assistance. The act of seeking medical assistance for someone
who is experiencing a drug-related overdose may be used as a mitigating factor
in a criminal prosecution for a drug offense violation (A.R.S.
§ 13-3423).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from being arrested for the possession or use of a controlled substance or drug paraphernalia or a preparatory offense if the evidence for the violation was gained as a result of the person, in good faith, seeking medical assistance for someone experiencing a drug related overdose.
2. Prohibits a person experiencing a drug related overdose, and who is in need of medical assistance, from being arrested for the possession or use of a controlled substance or drug paraphernalia if the evidence for the violation was gained as a result of the person's overdose and need for medical assistance.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
ZD/KS/sr