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An Act Providing a Good Samaritan Defense to Individuals Reporting a Drug Overdose
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1107-A, sub-§6  is enacted to read:
 
6.      It is an affirmative defense to prosecution under this section that:
 
A.  The evidence of possession was obtained as a result of the person's seeking, in good faith, medical assistance for someone experiencing a drug-related overdose; or
 
B.  The evidence of possession was obtained as a result of the person's seeking or obtaining medical assistance for a drug-related overdose the person is experiencing.
 
The assertion of an affirmative defense under this subsection is not grounds for suppression of evidence with respect to any crime.
 
SUMMARY
This bill creates an affirmative defense to prosecution for unlawful possession of a scheduled drug. The bill specifies that it is an affirmative defense to prosecution that the evidence of possession was obtained as a result of the person's seeking, in good faith, medical assistance for someone experiencing a drug-related overdose or the evidence of possession was obtained as a result of the person's seeking or obtaining medical assistance for a drug-related overdose the person is experiencing. The bill also specifies that the affirmative defense is not grounds for suppression of evidence with respect to any crime.