North Dakota Overdose and Immunity Law
The North Dakota overdose prevention and immunity law protects individuals from criminal prosecution if they contact law enforcement or emergency medical services to report they or another individual is in need of emergency medical assistance due to a drug overdose.
To receive immunity under this statute, the individual receiving immunity must have:
- Remained on scene until assistance arrived;
- Cooperated with emergency medical services in the medical treatment of the reported drug overdosed individual. For example telling emergency personnel what drug or drugs were taken, how much, and when;
- And the overdosed individual must have been in need of emergency medical services
If these criteria are met, the statue grants individuals immunity from prosecution for possession, ingestion, or sharing of a controlled substance or possession of drug paraphernalia that occurred at the scene where the overdose occurred. The law does not provide immunity for delivery, manufacturing, or distribution of a controlled substance.