Arkansas Code of 1987 (2023)
Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113)
Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113)
Chapter 13 - EMERGENCY MEDICAL SERVICES (§§ 20-13-101 — 20-13-1805)
Subchapter 17 - JOSHUA ASHLEY - PAULEY ACT (§§ 20-13-1701 — 20-13-1705)
Section 20-13-1704 - Immunity for seeking medical assistance

• (a) A person shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of § 5-64-419 if the evidence for the arrest, charge, or prosecution of the possession of a controlled substance in violation of § 5-64-419 resulted solely from seeking medical assistance if:
  • (1) The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or
  • (2) The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.

• (b) A person shall not be subject to penalties for a violation of a permanent or temporary protective order or restraining order or sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole or post-release supervision based on the possession of a controlled substance in violation of § 5-64-419 if the penalties or sanctions are related to the seeking of medical assistance.

Amended by Act 2023, No. 659,§ 242, eff. 1/1/2024.

Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.