{"data":{"id":"us-hi/haw.-rev.-stat.-329-43.6","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 329-43.6","heading":"[ §329-43.","body":"[ §329-43.6] Overdose prevention; limited immunity. (a) As used in this section:\n\n\"Drug or alcohol overdose\" means:\n\n(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\n\n(2) A condition that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.\n\n\"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.\n\n(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:\n\n(1) Possession of a controlled substance or drug paraphernalia under this chapter or part IV of chapter 712;\n\n(2) Committing a prohibited act under section 281-101.5 or 712-1250.5;\n\n(3) Violation of a restraining order; or\n\n(4) Violation of probation or parole;\n\nif the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of the seeking of medical assistance.\n\n(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.","path":["HI Code","Division 1","Title 19","Chapter 329"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0043_0006.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"6989688175ef71b2823ce01df2143bf0ff5cf2457da4a1d0ff02f4ec08a3b2c2","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-329-43.5","next":"us-hi/haw.-rev.-stat.-329-44"},"notice":"GroundRules: Original legal text. Not legal advice."}