January 9, 2013 By Wallin & Klarich

Recently, California added Health and Safety Code section 11376.5, which states that if you are experiencing a drug-related overdose and seek out medical assistance in good faith, you will not be charged with a crime. In other words, you no longer can be charged with possession or being under the influence of the drug under California Health and Safety Code section 11550 if you seek out medical assistance in good faith for a drug-related overdose. You also will not be charged with a crime if you are experiencing a drug-related overdose and are brought to a medical facility by a loved one or person at the scene of the overdose.


Prior to this new law, many people were hesitant to seek medical assistance for drug-related issues for fear of criminal charges and prosecution. Therefore, the prior law led to many unnecessary and tragic deaths. Now that the law has changed you are protected from the severe harm and consequences that can occur from drug use and should not hesitate to seek medical assistance should you be in such a situation.

The new law also requires that you do not obstruct medical or law enforcement personnel when seeking medical attention. This law does not apply to or change any law relating to selling, giving or exchanging of drugs.

If you are facing charges for being under the influence of or being in possession of drugs, it is important that you seek out an experienced and knowledgeable los angeles criminal defense attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients in drug related matters. We have offices in Los Angeles, San Bernardino, Riverside, Ventura and Orange County. Call us today at 1-888-280-6839 or visit our website for more information at www.wklaw.com. We will get through this together.

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