Text to be removed highlighted in red.
85:1 Controlled Drug Act; Immunity From Liability. Amend RSA 318-B:28-b, II-III to read as follows:
II. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose . A person who in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318:B-2, if the evidence for the charge was gained as a proximate result of the request for medical assistance .
III. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is experiencing a drug overdose, in good faith and in a timely manner, requests medical assistance for himself or herself . A person who in good faith requests, or is the subject of a good faith request for medical assistance, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, if the evidence for the charge was gained as a proximate result of the request for medical assistance .
85:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 18, 2021
Effective Date: August 17, 2021
Text to be added highlighted in green.
85:1 Controlled Drug Act; Immunity From Liability. Amend RSA 318-B:28-b, II-III to read as follows:
II. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose , or in good faith and in a timely manner reports that another person has been the victim of a violent crime . A person who in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose , or in good faith and in a timely manner reports that another person has been the victim of a violent crime, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318:B-2, if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement . In this paragraph, "violent crime" shall have the same meaning as in RSA 651:5, XIII.
III. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is experiencing a drug overdose, in good faith and in a timely manner, requests medical assistance for himself or herself , or in good faith and in a timely manner reports that he or she has been the victim of a violent crime, or is the victim in a good faith and timely report of a violent crime . A person who in good faith requests, or is the subject of a good faith request for medical assistance, or in good faith and in a timely manner reports that he or she has been the victim of a violent crime, or is the victim in a good faith and timely report of a violent crime, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement . In this paragraph, "violent crime" shall have the same meaning as in RSA 651:5, XIII.
85:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 18, 2021
Effective Date: August 17, 2021