SENATE BILL 200

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Richard C. Martinez

AN ACT

RELATING TO CONTROLLED SUBSTANCES; PROVIDING LIMITED IMMUNITY FROM PROSECUTION FOR A PERSON WHO SEEKS OR OBTAINS MEDICAL ASSISTANCE FOR A DRUG-RELATED OVERDOSE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Controlled Substances Act is enacted to read:

     "[NEW MATERIAL] OVERDOSE PREVENTION--LIMITED IMMUNITY.--

          A. A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to the provisions of Section 30-31-23 NMSA 1978 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance.

          B. A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to the provisions of Section 30-31-23 NMSA 1978 if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.

          C. 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 pursuant to the Controlled Substances Act."

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