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News (Media Awareness Project) - US NM: New Mexico Bars Drug Charge When Overdose Is Reported
Title:US NM: New Mexico Bars Drug Charge When Overdose Is Reported
Published On:2007-04-05
Source:New York Times (NY)
Fetched On:2008-01-12 08:58:56
NEW MEXICO BARS DRUG CHARGE WHEN OVERDOSE IS REPORTED

Struggling with an epidemic of drug fatalities, New Mexico has
enacted a groundbreaking law providing immunity from prosecution for
people who come forward to help drug users suffering overdoses.

The act, signed into law Tuesday by Gov. Bill Richardson, prevents
the authorities from prosecuting on the basis of evidence "gained as
a result of the seeking of medical assistance."

It also protects drug users themselves from prosecution if the
process of seeking help for an overdose provides the only evidence
against them.

The legislation, which was popularly known as the 911 Good Samaritan
bill, is the first of its kind in the nation, according to the
National Conference of State Legislatures.

In a statement yesterday, Mr. Richardson, who is running for the
Democratic presidential nomination in 2008, said: "I have always been
committed to prevention and rehabilitation of drug users. If we can
encourage people to save themselves or others from a drug-related
death or trauma, then we should do that. This bill will encourage
families and friends of addicts to seek medical care and prevent
their loved one from dying."

The action was praised by the Drug Policy Alliance, which works to
ease drug penalties. The group said New Mexico had the worst overdose
problem in the country, with about one death a day.

"Whatever it takes to get people to call 911 to save lives," said
Tommy McDonald, a spokesman for the group in Washington.

It was the second drug measure signed in two days by Mr. Richardson.
On Monday, he signed a medical marijuana bill that allows patients
who are H.I.V. positive or who have diseases including AIDS, cancer,
glaucoma or multiple sclerosis to relieve pain with marijuana, under
a doctor's supervision.

The governor lobbied strongly for the medical marijuana bill, which
he said could hurt his presidential prospects but was "the right thing to do."

The Samaritan bill, introduced by State Senator Richard C. Martinez,
a Democrat and a retired magistrate judge from Espanola, also
provides that in the event of a drug prosecution based on outside
evidence, the act of seeking aid for someone suffering an overdose
"may be used as a mitigating factor" in a defense.
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