KRS 218A.133: Exemption from prosecution for possession of controlled substance or

drug paraphernalia if seeking assistance with drug overdose.

(1) As used in this section:

(a) "Drug overdose" means an acute condition of physical illness, coma, mania,

hysteria, seizure, cardiac arrest, cessation of breathing, or death which

reasonably appears to be the result of consumption or use of a controlled

substance, or another substance with which a controlled substance was

combined, and that a layperson would reas onably believe requires medical

assistance; and

(b) "Good faith" does not include seeking medical assistance during the course of

the execution of an arrest warrant, or search warrant, or a lawful search.

(2) A person shall not be charged with or prosecute d for a criminal offense prohibiting

the possession of a controlled substance or the possession of drug paraphernalia, for

a violation of KRS 507.030(1)(d) or 507.040(1)(d), or for an offense punishable

under KRS 218A.1412(3)(c) if:

(a) In good faith, medical assistance with a drug overdose is sought from a public

safety answering point, emergency medical services, a law enforcement

officer, or a health practitioner because the person:

1. Requests emergency medical assistance for himself or herself or anoth er

person;

2. Acts in concert with another person who requests emergency medical

assistance; or

3. Appears to be in need of emergency medical assistance and is the

individual for whom the request was made;

(b) The person remains with, or is, the individual who appears to be experiencing

a drug overdose until the requested assistance is provided; and

(c) The evidence for the charge or prosecution is obtained as a result of the drug

overdose and the need for medical assistance.

(3) The provisions of subsection (2) of this section shall not extend to the investigation

and prosecution of any other crimes committed by a person who otherwise qualifies

under this section.

(4) When contact information is available for th e person who requested emergency

medical assistance, it shall be reported to the local health department. Health

department personnel shall make contact with the person who requested emergency

medical assistance in order to offer referrals regarding substa nce abuse treatment, if

appropriate.

(5) A law enforcement officer who makes an arrest in contravention of this section

shall not be criminally or civilly liable for false arrest or false imprisonment if the

arrest was based on probable cause.