(720 ILCS 570/414)
Sec. 414. Overdose; limited immunity from prosecution.
(a) For the purposes of this Section, "overdose" means a controlled substance-induced physiological event that results in a life-threatening emergency to the individual who ingested, inhaled, injected or otherwise bodily absorbed a controlled, counterfeit, or look-alike substance or a controlled substance analog.
(b) A person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the Class 4 felony possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is within the amount identified in subsection (d) of this Section.
(c) A person who is experiencing an overdose shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the Class 4 felony possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is within the amount identified in subsection (d) of this Section.
(d) For the purposes of subsections (b) and (c), the limited immunity shall only apply to a person possessing the following amount:
(1) less than 3 grams of a substance containing
heroin;
(2) less than 3 grams of a substance containing
cocaine;
(3) less than 3 grams of a substance containing
morphine;
(4) less than 40 grams of a substance containing
peyote;
(5) less than 40 grams of a substance containing a
derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
(6) less than 40 grams of a substance containing
amphetamine or any salt of an optical isomer of amphetamine;
(7) less than 3 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog thereof;
(8) less than 6 grams of a substance containing
pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
(9) less than 6 grams of a substance containing
methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
(10) less than 6 grams of a substance containing
phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
(11) less than 6 grams of a substance containing
ketamine or any of the salts, isomers and salts of isomers of ketamine;
(12) less than 40 grams of a substance containing a
substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
(e) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual described in subsection (b) or (c) taking action to seek or obtain emergency medical assistance and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance. Nothing in this Section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine or other controlled substances, drug-induced homicide, or any other crime.
(Source: P.A. 97-678, eff. 6-1-12.)
Sections: Previous 406.2 407 407.1 407.2 408 409 410 411 411.1 411.2 411.3 411.4 412 413 414
Last modified: February 18, 2015