New Michigan Law May Protect Those Reporting Prescription Drug Overdoses
Concerned about the potential legal consequences of reporting a prescription drug overdose? Michigan’s Good Samaritan law offers protection for individuals who step forward to assist those in need. By providing immediate help, you could be saving a life while avoiding legal repercussions. Advantages of reporting overdoses may include immunity, the potential to save lives, and peace of mind knowing you’ve done the right thing.
A new Michigan law may protect those reporting prescription drug overdoses, and this ‘Good Samaritan’ measure may also protect minors from related drug possession charges if they report prescription drug overdoses.
In recent years, medical professionals have raised alarms about prescription drug abuse as a devastating epidemic in Kalamazoo and other parts of Michigan. From 2003 to 2013, the proportion of people under age 20 who described prescription drugs as the primary substance they abuse increased a shocking 207 percent in the state, according to the Michigan Department of Health & Human Services. Among adults, reported rates of primary prescription drug abuse rose 238 percent over the same period.
Each day, prescription drug overdoses claim the lives of 144 people across the U.S., according to Michigan Live. Tragically, in some cases, preventable deaths may occur because victims or other people who are present during an overdose fear facing charges if they seek legal help.
Fortunately, a new Michigan law could help prevent these losses by offering limited protection from prosecution to people who pursue medical assistance in these situations. It’s critical to get in touch with a Michigan prescription drugs defense attorney for help fighting the charges, and some background is helpful.
“Good Samaritan” Exemptions for Emergencies
Michigan’s “Good Samaritan” law, which became effective in March, provides protection to minors who alert authorities or medical personnel to potential prescription drug overdoses. The law applies to anyone under age 21 who seeks medical attention while experiencing a prescription drug overdose or a similar medical emergency. The law also protects minors who summon emergency medical technicians or request medical attention on behalf of someone else.
The law can shield these individuals from drug possession charges, but it has a few important limitations. Per the bill text, minors are only exempt from prosecution if they possess the substance in quantities that are reasonable for personal use. People who possess large enough amounts of a narcotic to be charged with prescription drug trafficking are not protected from prosecution.
Furthermore, this law doesn’t preclude law enforcement authorities from charging an overdose victim or a Good Samaritan with other criminal offenses. A Good Samaritan is also not protected if they engage in willful and wanton misconduct or gross negligence.
Potential Impacts
Besides reducing deaths from prescription drug overdoses, this law may help protect minors from various serious impacts of drug-related criminal charges. In Michigan, the unlawful possession of a prescription drug is a misdemeanor that is punishable with up to one year of incarceration. Convicted offenders may additionally face fines of as much as $1,000.
A misdemeanor conviction can also bring various harmful long-term ramifications. Across the country, state and federal laws impose over 45,000 potential consequences on people who have been convicted of misdemeanors. These may limit a person’s ability to secure professional licenses, housing, federal loans, and more. Michigan’s new law may help shield minors who acted in good faith from these serious lingering consequences.
Addressing Drug-Related Charges
The recent passage of a new law in Michigan has brought significant relief to individuals who witness and report prescription drug overdoses. This legislation aims to protect individuals who step forward to assist those in need, reducing the fear of legal repercussions that may have previously deterred them from seeking help.
Although this law represents a positive step, its limited scope may still leave many people in Michigan facing charges of prescription drug possession or related offenses.
Penalties for Michigan Drug Charges
The penalties for drug possession, trafficking, and distribution in Michigan can vary significantly depending on several factors, including:
Type of Drug
The specific type of drug involved will influence the severity of the charges and potential penalties. Schedule I and II drugs, such as heroin, cocaine, and methamphetamine, generally carry the most severe consequences.
Quantity
The amount of the drug possessed or involved in the transaction is another key factor. Larger quantities typically result in more serious charges and harsher penalties.
Prior Convictions
Individuals with a history of drug offenses may face enhanced penalties for subsequent convictions.
Role in the Crime
Whether you were involved in possession, trafficking, or distribution will also impact the charges and potential penalties.
Defenses to Drug Charges in Michigan
When facing drug charges, there are several potential defenses that may be available to you. The specific defenses that apply to your case will depend on the unique circumstances and evidence presented by the prosecution.
A common strategy to fight drug crimes may be available in cases of police misconduct and Fourth Amendment violations. If there was an illegal search and seizure, any evidence recovered by officials is not admissible in court.
Additional defenses may include:
Lack of Possession or Unintentional Possession: You may claim that you were unaware of the drugs or that they were not in your possession voluntarily.
False Accusation: Someone else may have planted the drugs on you.
Entrapment: The government may have coerced or persuaded you into committing the crime.
Mistake of Fact: You believed the substance to be something other than a controlled substance.
Self-Defense: You may argue that you used drugs in self-defense to protect yourself or others from harm.
Immediate Danger: Similar to self-defense, you may claim that you were forced to use or possess drugs due to an immediate threat to your safety or the safety of others.
Given the possible consequences of a conviction, anyone who has been accused of these offenses should consider reviewing the available legal options with an attorney.
A Michigan Criminal Defense Lawyer Helps with Good Samaritan Laws
Don’t let drug charges define your future. Facing drug-related crimes can be a daunting experience, and Good Samaritan laws vary. With the right legal representation, you can fight for the best possible outcome. David G. Moore, Attorney at Law, is dedicated to protecting your rights and defending your freedom.
Our experienced team will thoroughly evaluate your case to analyze the evidence and identify potential defenses. We’ll also work to negotiate favorable plea deals, if appropriate, to secure a favorable resolution. You can count on our team to provide aggressive courtroom representation and legal protection if your case goes to trial. We’ll fight tirelessly to protect your rights, so don’t wait. Contact us today for a free consultation.
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