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Section 475B.393 - Protection for person obtaining assistance for cannabis-related overdose.

OR Rev Stat § 475B.393 (2019) (N/A)
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(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 475B.337, 475B.341 or 475B.376 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 475B.337, 475B.341 or 475B.376 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 475B.337, 475B.341 or 475B.376, 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 475B.337, 475B.341 or 475B.376, 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 475B.337, 475B.341 and 475B.376. [2017 c.21 §19]

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