2022 Hawaii Revised Statutes
Title 19. Health
329. Uniform Controlled Substances Act
329-43.6 Overdose prevention; limited immunity.
§329-43.6 Overdose prevention; limited immunity. (a) As used in this section:
"Drug or alcohol overdose" means:
(1) A condition, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, that is the result of consumption or use of a controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined; or
(2) A condition that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.
"Seeks medical assistance" or "seeking medical assistance" includes but is not limited to reporting a drug or alcohol overdose to law enforcement, the 911 system, a poison control center, or a medical provider; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose while awaiting the arrival of medical assistance.
(b) A person or persons who, in good faith, seek medical assistance for someone who is experiencing a drug or alcohol overdose and a person experiencing a drug or alcohol overdose who seeks medical assistance for the person's self or is the subject of such a good faith request shall not be arrested, charged, prosecuted, or convicted; have their property subject to civil forfeiture; or otherwise be penalized for:
(1) Possession of a controlled substance or drug paraphernalia under this chapter or part IV of chapter 712;
(2) Committing a prohibited act under section 281-101.5 or 712-1250.5;
(3) Violation of a restraining order; or
(4) Violation of probation or parole;
if the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of the seeking of medical assistance.
(c) The act of seeking medical assistance for someone who is experiencing a drug or alcohol overdose shall be considered by the court as a mitigating factor in any controlled substance or alcohol-related criminal prosecution for which immunity is not provided by this section. [L 2015, c 217, §2]
