SF0074

Provides immunity from prosecution for controlled substance possession and use offenses to persons who report or experience a drug overdose emergency.

• Creates a new statute providing immunity from criminal prosecution for possession of a controlled substance and use of a controlled substance if a person in good faith seeks medical assistance for themselves or another person experiencing a drug overdose event. (W.S. 35-7-1064(a), W.S. 35-7-1064(c))
• Establishes conditions for immunity eligibility, including that the person must reasonably believe a drug overdose occurred, provide the actual location, remain at the scene or facility until law enforcement or emergency responders arrive, and cooperate with responders by providing information about the overdose event. (W.S. 35-7-1064(a)(i)-(v))
• Extends immunity to the person experiencing the drug overdose event if all conditions specified in the immunity statute are satisfied. (W.S. 35-7-1064(b))
• Limits a person experiencing a drug overdose event to receive immunity protection not more than two times in a twelve-month period, while imposing no such limitation on the person seeking medical assistance for another. (W.S. 35-7-1064(d))
• Defines 'drug overdose event' as a condition including extreme physical illness, decreased consciousness, or respiratory depression from consumption of a controlled substance or controlled substance combined with another substance, and clarifies that 'good faith' excludes seeking assistance during law enforcement execution of search or arrest warrants. (W.S. 35-7-1064(e))
• Clarifies that the immunity statute does not prohibit prosecution for offenses other than possession and use of controlled substances, and does not restrict law enforcement's ability to use evidence obtained from immunity-seeking reports to investigate other offenses. (W.S. 35-7-1064(f))
• Updates the definition of 'this act' in the Wyoming Controlled Substances Act to include the new drug overdose immunity statute. (W.S. 35-7-1002(a)(xxviii), Sec. 2)
• Adds cross-reference to the new immunity statute in the unlawful possession provision of the Controlled Substances Act.