{"data":{"id":"us-ky/krs-218a.133","jurisdiction":"us-ky","citation":"KRS 218A.133","heading":"Exemption from prosecution for possession of controlled substance or","body":"drug paraphernalia if seeking assistance with drug overdose.\n(1) As used in this section:\n(a) \"Drug overdose\" means an acute condition of physical illness, coma, mania,\nhysteria, seizure, cardiac arrest, cessation of breathing, or death which\nreasonably appears to be the result of consumption or use of a controlled\nsubstance, or another substance with which a controlled substance was\ncombined, and that a layperson would reas onably believe requires medical\nassistance; and\n(b) \"Good faith\" does not include seeking medical assistance during the course of\nthe execution of an arrest warrant, or search warrant, or a lawful search.\n(2) A person shall not be charged with or prosecute d for a criminal offense prohibiting\nthe possession of a controlled substance or the possession of drug paraphernalia, for\na violation of KRS 507.030(1)(d) or 507.040(1)(d), or for an offense punishable\nunder KRS 218A.1412(3)(c) if:\n(a) In good faith, medical assistance with a drug overdose is sought from a public\nsafety answering point, emergency medical services, a law enforcement\nofficer, or a health practitioner because the person:\n1. Requests emergency medical assistance for himself or herself or anoth er\nperson;\n2. Acts in concert with another person who requests emergency medical\nassistance; or\n3. Appears to be in need of emergency medical assistance and is the\nindividual for whom the request was made;\n(b) The person remains with, or is, the individual who appears to be experiencing\na drug overdose until the requested assistance is provided; and\n(c) The evidence for the charge or prosecution is obtained as a result of the drug\noverdose and the need for medical assistance.\n(3) The provisions of subsection (2) of this section shall not extend to the investigation\nand prosecution of any other crimes committed by a person who otherwise qualifies\nunder this section.\n(4) When contact information is available for th e person who requested emergency\nmedical assistance, it shall be reported to the local health department. Health\ndepartment personnel shall make contact with the person who requested emergency\nmedical assistance in order to offer referrals regarding substa nce abuse treatment, if\nappropriate.\n(5) A law enforcement officer who makes an arrest in contravention of this section\nshall not be criminally or civilly liable for false arrest or false imprisonment if the\narrest was based on probable cause.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55441","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:29Z","sha256":"e518db6edd4f406520201b99f6eb5302c56adb9f4053fbb41f4c0131650bedcf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.130","next":"us-ky/krs-218a.135"},"notice":"GroundRules: Original legal text. Not legal advice."}