Overdose prevention; limited immunity
HRS §329-43.6
in effect329-43.6. Overdose prevention; limited immunity
(a) As used in this section:
"Drug or alcohol overdose" means:
(1) A condition, including but not limited to extreme
physical illness, decreased level of consciousness, respiratory depression,
coma, mania, or death, that is the result of consumption or use of a controlled
substance or alcohol or a substance with which the controlled substance or
alcohol was combined; or
(2) A condition that a layperson would reasonably
believe to be a drug or alcohol overdose that requires medical assistance.
"Seeks medical assistance" or
"seeking medical assistance" includes but is not limited to reporting
a drug or alcohol overdose to law enforcement, the 911 system, a poison control
center, or a medical provider; assisting someone so reporting; or providing
care to someone who is experiencing a drug or alcohol overdose while awaiting
the arrival of medical assistance.
(b) A person or persons who, in good faith,
seek medical assistance for someone who is experiencing a drug or alcohol
overdose and a person experiencing a drug or alcohol overdose who seeks medical
assistance for the person's self or is the subject of such a good faith request
shall not be arrested, charged, prosecuted, or convicted; have their property
subject to civil forfeiture; or otherwise be penalized for:
(1) Possession of a controlled substance or drug
paraphernalia under this chapter or part IV of chapter 712;
(2) Committing a prohibited act under section
281-101.5 or 712-1250.5;
(3) Violation of a restraining order; or
(4) Violation of probation or parole;
if the evidence for the arrest, charge, prosecution,
conviction, seizure, or penalty was gained as a result of the seeking of
medical assistance.
(c) The act of seeking medical assistance for
someone who is experiencing a drug or alcohol overdose shall be considered by
the court as a mitigating factor in any controlled substance or alcohol-related
criminal prosecution for which immunity is not provided by this section.
[L
2015, c 217, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0043_0006.htmFetched: 11/10/2026