Aggressive Criminal Defense

Fatal Drug Overdose Prompts “Good Samaritan” Legislation

Mason Mizwicki died of a drug overdose at a New Year’s Eve party in Watervliet. While dying, he called out for help. But none was given. Why? Because the teenagers he was with were more afraid of the legal repercussions for themselves than allowing a friend to die.

A tragedy indeed, but not an isolated one. Every year, numerous people lose their lives to overdoses. Overdoses that could have been avoided had medical help been provided earlier. But fear of prison time keeps people, especially tenenagers, from seeking help when it is most needed. But Representative Al Pscholka has set out to change that.

House Bill 4843, dubbed the “Good Samaritan” exemption, will allow friends and minors under the age of 21 to be protected from prosecution when reporting a drug overdose from a prescription drug. This would apply to a drug overdose suffered either by themselves or someone else.

Only applies in cases of recreational purposes

It is important to note, however, that this exemption only applies to prescription drugs taken for recreational purposes. In addition, it would not protect drug dealers from prosecution. It only applies to minors possessing “an amount sufficient only for personal use”.

According to the U.S. Centers for Disease and Control Prevention, about 44 people die of drug overdoses every day here in the United States. That’s hundreds every year, thousands every decade. Tragic loss of life that could be entirely prevented if only people were free to report an overdose without having to fear repercussions.

Mason’s family is openly in support of the new legislation, knowing that it would have saved his life if it had been available at the time. His mother even recently provided heartfelt testimony before the Criminal Justice Committee in favor of this legislation.

The Criminal Justice Committee has not yet voted on this issue, but expects to address it in the near future.

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