HB 23-1167

House Bill 23-1167, which has been signed into law and is now effective, provides legal immunity from arrest and prosecution for certain drug offenses if a person reports an overdose or helps someone experiencing one. This includes situations where people possess drugs containing dangerous substances like fentanyl or distribute these drugs to consume together immediately after the transfer. The bill aims to encourage more people to seek help during emergencies without fear of legal consequences, potentially saving lives by reducing barriers to reporting overdoses.

Official Summary

Under current law, a person is immune from arrest and prosecution of certain criminal offenses if the person reports an overdose to an emergency responder and satisfies additional requirements related to the reporting. The act extends the immunity to a person who does not report the overdose to an emergency responder, but aids or seeks aid for the person suffering the overdose and satisfies additional requirements related to the reporting. The act also extends that immunity from arrest and prosecution to the following criminal offenses: Unlawful possession of a controlled substance if the material, compound, mixture, or preparation contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and Unlawful distribution or transfer of the controlled substance for the purpose of consuming all of the controlled substance with another person at a time substantially contemporaneous with the transfer, if the distribution or transfer involves certain controlled substances. The act makes it a level 1 drug misdemeanor rather than a level 3 or level 4 drug felony for unlawful distribution, dispensation, or sale of certain controlled substances if the person reports an overdose to an emergency responder, or aids or seeks aid for the person suffering the overdose, and satisfies additional requirements related to the reporting. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)

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