ORS 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.(2)
Intentionally left blank —Ed.(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 (Unlawful possession by person 21 years of age or older), 475C.341 (Unlawful possession by person under 21 years of age) or 475C.373 (Unlawful sale or delivery of marijuana paraphernalia) 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 (Unlawful possession by person 21 years of age or older), 475C.341 (Unlawful possession by person under 21 years of age) or 475C.373 (Unlawful sale or delivery of marijuana paraphernalia) 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)
Intentionally left blank —Ed.(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)
Intentionally left blank —Ed.(a)
A person may not be arrested on an outstanding warrant for violating ORS 475C.337 (Unlawful possession by person 21 years of age or older), 475C.341 (Unlawful possession by person under 21 years of age) or 475C.373 (Unlawful sale or delivery of marijuana paraphernalia), 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 (Unlawful possession by person 21 years of age or older), 475C.341 (Unlawful possession by person under 21 years of age) or 475C.373 (Unlawful sale or delivery of marijuana paraphernalia), 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 (Unlawful possession by person 21 years of age or older), 475C.341 (Unlawful possession by person under 21 years of age) and 475C.373 (Unlawful sale or delivery of marijuana paraphernalia). [Formerly 475B.393]
Source:
Section 475C.389 — Protection for person obtaining assistance for cannabis-related overdose, https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html
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