{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-413.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-413.1","heading":"Emergency medical assistance – Immunity from","body":"prosecution.\n\nA. A peace officer shall not take a person into custody based\n\nsolely on the commission of an offense involving a controlled\n\ndangerous substance described in subsection B of this section if the\n\npeace officer, after making a reasonable determination and\n\nconsidering the facts and surrounding circumstances, reasonably\n\nbelieves that all of the following apply:\n\n1. The peace officer has contact with the person because the\n\nperson requested emergency medical assistance for an individual who\n\nreasonably appeared to be in need of medical assistance due to the\n\nuse of a controlled dangerous substance; and\n\n2. The person:\n\na. provided his or her full name and any other relevant\n\ninformation requested by the peace officer,\n\nb. remained at the scene with the individual who\n\nreasonably appeared to be in need of medical\n\nassistance due to the use of a controlled dangerous\n\nsubstance until emergency medical assistance arrived,\n\nand\n\nc. cooperated with emergency medical assistance personnel\n\nand peace officers at the scene.\n\nB. A person who meets the criteria of subsection A of this\n\nsection is immune from criminal prosecution for possession of a\n\nSchedule I or Schedule II controlled dangerous substance, as listed\n\nin Sections 2-204 and 2-206 of Title 63 of the Oklahoma Statutes,\n\nprovided the amount of such controlled dangerous substance does not\n\nconstitute trafficking, as provided in subsection C of Section 2-415\n\nof Title 63 of the Oklahoma Statutes, and for possession of drug\n\nparaphernalia associated with a controlled dangerous substance, as\n\ndefined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma\n\nStatutes. Further, a person is only immune from prosecution for the\n\naforementioned offenses if the offense involved a state of\n\nintoxication caused by the use of a controlled dangerous substance\n\nby a person or if the offense involved the person being or becoming\n\nintoxicated as a result of the use of a controlled dangerous\n\nsubstance by a person.\n\nC. A person may not initiate or maintain an action against a\n\npeace officer or the employing political subdivision of the peace\n\nofficer based on the compliance or failure of the peace officer to\n\ncomply with the provisions of this section.\n\nD. For the purposes of this section, \"peace officer\" shall have\n\nthe same meaning as defined in Section 99 of Title 21 of the\n\nOklahoma Statutes.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"11421ae3e36112c3f6d97ba719206bbedc2f03bb01057cbfa45d79b395246a4b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-413","next":"us-ok/okla.-stat.-tit.-63-63-2-414"},"notice":"GroundRules: Original legal text. Not legal advice."}