Effective August 2, 2012, the law in Massachusetts reads:
Massachusetts General Law ch. 94C, § 34A (2012)
§ 34A. Controlled
Substances -- Drug-Related Overdose.
(a) A
person who, in good faith, seeks medical assistance for someone experiencing a
drug related overdose shall not be charged or prosecuted for possession of a
controlled substance under sections 34 or 35 if the evidence for the charge of
possession of a controlled substance was gained as a result of the seeking of
medical assistance.
(b) A person who experiences
a drug-related overdose and is in need of medical assistance and, in good faith,
seeks such medical assistance, or is the subject of such a good faith request
for medical assistance, shall not be charged or prosecuted for possession of a
controlled substance under said sections 34 or 35 if the evidence for the charge
of possession of a controlled substance was gained as a result of the overdose
and the need for medical assistance.
(c) The act
of seeking medical assistance for someone who is experiencing a drug-related
overdose may be used as a mitigating factor in a criminal prosecution under the
Controlled Substance Act, 1970 P.L. 91-513, 21 U.S.C section 801, et seq.
(d) Nothing
contained in this section shall prevent anyone from being charged with
trafficking, distribution or possession of a controlled substance with intent to
distribute.
(e) A person acting in good faith
may receive a naloxone prescription, possess naloxone and administer naloxone to
an individual appearing to experience an opiate-related overdose.
(See Acts of 2012, chapter 192, section 32)
