QUESTION
Can someone be charged if they overdose on an illegal drug?
Asked on Jul 17th, 2013 on Criminal Law - California
More details to this question:
I'm just curious. The person is in the hospital getting treated for the overdose and I didn't know if they would be charged by police for the illegal substance too.
5 ANSWERS
Thomas Edward Gates
He might be, but normally they try to charge the supplier. So, he can expect to be pressured to supplying the name.
Answered on Jul 18th, 2013 at 2:11 AM
Family Law Attorney serving Chicago, IL
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Buchanan Law Group
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In theory, I suppose it is possible, but it is very unlikely.
Answered on Jul 18th, 2013 at 2:11 AM
4 Awards
This is a situation falling under medical privilege. The doctor is not going to report the person to police without other reasons (if person has a crck baggie with them, they might get charged with possession, for example). Society values people getting medical help and being truthful with their doctors.
Answered on Jul 18th, 2013 at 2:10 AM
Criminal Law Attorney serving Los Angeles, CA
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No. There is a specific statute in the Health and Safety code that prevents charging in that situation.
Answered on Jul 17th, 2013 at 10:25 PM
If a person overdoses on a controlled substance, it is possible for the person to be charged with possession of a controlled substance.
Answered on Jul 17th, 2013 at 8:57 PM