Section 11376.5 Of Article 4. Miscellaneous Offenses And Provisions From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 4.
11376.5
. (a) Notwithstanding any other law, it shall not be a crime
for a person to be under the influence of, or to possess for
personal use, a controlled substance, controlled substance analog, or
drug paraphernalia, if that person, in good faith, seeks medical
assistance for another person experiencing a drug-related overdose
that is related to the possession of a controlled substance,
controlled substance analog, or drug paraphernalia of the person
seeking medical assistance, and that person does not obstruct medical
or law enforcement personnel. No other immunities or protections
from arrest or prosecution for violations of the law are intended or
may be inferred.
(b) Notwithstanding any other law, it shall not be a crime for a
person who experiences a drug-related overdose and who is in need of
medical assistance to be under the influence of, or to possess for
personal use, a controlled substance, controlled substance analog, or
drug paraphernalia, if the person or one or more other persons at
the scene of the overdose, in good faith, seek medical assistance for
the person experiencing the overdose. No other immunities or
protections from arrest or prosecution for violations of the law are
intended or may be inferred.
(c) This section shall not affect laws prohibiting the selling,
providing, giving, or exchanging of drugs, or laws prohibiting the
forcible administration of drugs against a person's will.
(d) Nothing in this section shall affect liability for any offense
that involves activities made dangerous by the consumption of a
controlled substance or controlled substance analog, including, but
not limited to, violations of Section 23103 of the Vehicle Code as
specified in Section 23103.5 of the Vehicle Code, or violations of
Section 23152 or 23153 of the Vehicle Code.
(e) For the purposes of this section, "drug-related overdose"
means an acute medical condition that is the result of the ingestion
or use by an individual of one or more controlled substances or one
or more controlled substances in combination with alcohol, in
quantities that are excessive for that individual that may result in
death, disability, or serious injury. An individual's condition shall
be deemed to be a "drug-related overdose" if a reasonable person of
ordinary knowledge would believe the condition to be a drug-related
overdose that may result in death, disability, or serious injury.