SB 200
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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:
"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