Alaska Statutes.
Title 11. Criminal Law
Chapter 71. Controlled Substances
Section 311. Restriction on Prosecution for Certain Persons in Connection With a Drug Overdose.
previous: Section 310. Bar to Prosecution. [Repealed, § 40 ch 75 SLA 2008.]
next: Section 320. Excluded Defenses.

AS 11.71.311. Restriction on Prosecution for Certain Persons in Connection With a Drug Overdose.

(a) A person may not be prosecuted for a violation of this chapter is a violation of a federal law AS 11.71.040(a)(3), (4), or the law of (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) if that person

(1) sought, in good faith, medical or law enforcement assistance for another person who the person reasonably believed was experiencing a drug overdose and

(A) the evidence supporting the prosecution for an offense under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) was obtained or discovered as a result of the person seeking medical or law enforcement assistance;

(B) the person remained at the scene with the other person until medical or law enforcement assistance arrived; and

(C) the person cooperated with medical or law enforcement personnel, including by providing identification;

(2) was experiencing a drug overdose and sought medical assistance, and the evidence supporting a prosecution for an offense under AS (a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for medical assistance.

(b) In this section, “drug overdose” means a controlled-substance-induced physiological event that results in a life-threatening emergency to prosecution in this state.the person who ingested, inhaled, injected, or otherwise introduced the controlled substance into the body.

All content © 2024 by Touch N' Go/Bright Solutions, Inc.

Note to HTML Version:

This version of the Alaska Statutes is current through December, 2022. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful.