§ 2-413.1. Emergency medical assistance-Immunity from prosecution
Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: November 1, 2018
Effective: November 1, 2018
63 Okl.St.Ann. § 2-413.1
§ 2-413.1. Emergency medical assistance-Immunity from prosecution
A. A peace officer shall not take a person into custody based solely on the commission of an offense involving a controlled dangerous substance described in subsection B of this section if the peace officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
B. A person who meets the criteria of subsection A of this section is immune from criminal prosecution for possession of a Schedule I or Schedule II controlled dangerous substance, as listed in Sections 2-204 and 2-206 of Title 63 of the Oklahoma Statutes, provided the amount of such controlled dangerous substance does not constitute trafficking, as provided in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes, and for possession of drug paraphernalia associated with a controlled dangerous substance, as defined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma Statutes. Further, a person is only immune from prosecution for the aforementioned offenses if the offense involved a state of intoxication caused by the use of a controlled dangerous substance by a person or if the offense involved the person being or becoming intoxicated as a result of the use of a controlled dangerous substance by a person.
Credits
Laws 2018, c. 240, § 1, eff. Nov. 1, 2018.
63 Okl. St. Ann. § 2-413.1, OK ST T. 63 § 2-413.1
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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