Oregon Statutes 475C.389 – Protection for person obtaining assistance for cannabis-related overdose
(1) As used in this section, ‘cannabis-related overdose’ means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of cannabis, or another substance with which cannabis was combined, that a person would reasonably believe requires medical attention.
Terms Used In Oregon Statutes 475C.389
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2)(a) A person who contacts emergency medical services or a law enforcement agency to obtain medical assistance for another person because of a cannabis-related overdose is immune from arrest or prosecution for violating ORS § 475C.337, 475C.341 or 475C.373 if the evidence of the offense was obtained because the person contacted emergency medical services or a law enforcement agency.
(b) A person who is in need of medical assistance because of a cannabis-related overdose is immune from arrest or prosecution for violating ORS § 475C.337, 475C.341 or 475C.373 if the evidence of the offense was obtained because any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.
(3) A person may not be arrested for violating, or found to be in violation of, the conditions of the person’s pretrial release, probation, post-prison supervision or parole if the violation involves:
(a) The possession or use of a marijuana item or frequenting a place where marijuana items are used; and
(b)(A) The evidence of the violation was obtained because the person contacted emergency medical services or a law enforcement agency to obtain medical assistance for another person who needed medical assistance due to a cannabis-related overdose; or
(B) The evidence of the violation was obtained because the person was in need of medical assistance due to a cannabis-related overdose and any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.
(4)(a) A person may not be arrested on an outstanding warrant for violating ORS § 475C.337, 475C.341 or 475C.373, or on an outstanding warrant for a violation, other than commission of a new crime, of the conditions of the person’s probation, post-prison supervision or parole for conduct that would constitute a violation of ORS § 475C.337, 475C.341 or 475C.373, if the person was located because:
(A) The person contacted emergency medical services or a law enforcement agency to obtain medical assistance for another person who needed medical assistance due to a cannabis-related overdose; or
(B) The person was in need of medical assistance due to a cannabis-related overdose and any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.
(b) This subsection does not apply to outstanding federal warrants or outstanding warrants issued from other states.
(5) The immunity from arrest and prosecution described in this section is not grounds for the suppression of evidence relating to a criminal offense other than the offenses described in ORS § 475C.337, 475C.341 and 475C.373. [Formerly 475B.393]