Calling for an Overdose

It is an affirmative defense to a possession or use charge that the person, or a bystander, reasonably believed someone was overdosing and in good faith reported it to a medical provider, emergency medical services, a law enforcement officer or 911.

• The report gives a functional description of where the overdose is.
• The person stays with the one overdosing until officers or emergency medical services arrive, or stays at the medical facility until an officer arrives.
• The person cooperates, including by describing the substances involved.
• The defense covers less than 16 ounces of marijuana, or a scheduled or listed substance other than marijuana, in the same course of events.

• §Utah Code 76-18-207StatuteUnlawfully possessing or using a controlled substance or controlled substance analogOpens le.utah.gov ↗

Good faith does not include seeking help during the execution of a search or arrest warrant or another lawful search. For other drug offenses, reporting an overdose the same way is a mitigating factor at sentencing.

• §Utah Code 76-18-207StatuteUnlawfully possessing or using a controlled substance or controlled substance analogOpens le.utah.gov ↗
• §Utah Code 76-3-203.11StatuteReporting an overdose -- Mitigating factorOpens le.utah.gov ↗