In some circumstances, a person charged with a drug crime can file a motion to dismiss the criminal charge because of the immunity provision of Section 893.21, Florida Statutes, which provides:
Florida Statute Section 893.21 Drug-related overdoses, medical assistance, immunity from prosecution.
- A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.
- A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the person's seeking medical assistance.
- Protection in this section from prosecution for possession offenses under this chapter may not be grounds for suppression of evidence in other criminal prosecutions.
The statute gives immunity to the person suffering from the overdose and the person who seeks medical assistance on their behalf. The statute does not define the word "drug-related overdose." Contact me today and I'll schedule a consultation so we can discuss the details of your case and best strategies to fight the charge.