Section 18-1-711 - Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal(1) A person is immune from arrest and prosecution for an offense described in subsection (3) of this section if: (a) The person reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, to the 911 system, or to a medical provider, or the person aids or seeks aid for the person who suffered the emergency drug or alcohol overdose;(b) The person remains at the scene of the event until a law enforcement officer or an emergency medical responder arrives or the person remains at the facilities of the medical provider until a law enforcement officer arrives;(c) The person identifies himself or herself to, and cooperates with, the law enforcement officer, emergency medical responder, or medical provider; and(d) The offense arises from the same course of events from which the emergency drug or alcohol overdose event arose.(2) The immunity described in subsection (1) of this section also extends to the person who suffered the emergency drug or alcohol overdose event if all of the conditions of subsection (1) of this section are satisfied.(3) The immunity described in subsection (1) of this section applies to the following criminal offenses: (a) Unlawful possession of a controlled substance, as described in section 18-18-403.5 (2) or (2.5);(b) Unlawful use of a controlled substance, as described in section 18-18-404;(c) If committed on or after March 1, 2020, unlawful possession of two ounces or less of marijuana, as described in section 18-18-406 (5)(a)(I) prior to its repeal in 2021; or more than two ounces of marijuana but not more than six ounces of marijuana or not more than three ounces of marijuana concentrate, as described in section 18-18-406 (4)(c); or more than six ounces of marijuana or more than three ounces of marijuana concentrate, as described in section 18-18-406 (4)(b);(d) Open and public display, consumption, or use of less than two ounces of marijuana, as described in section 18-18-406 (5)(b)(I);(e) Transferring or dispensing two ounces or less of marijuana from one person to another for no consideration, as described in section 18-18-406 (5)(c);(f) Use or possession of synthetic cannabinoids or salvia divinorum, as described in section 18-18-406.1;(g) Possession of drug paraphernalia, as described in section 18-18-428;(h) Illegal possession or consumption of ethyl alcohol or marijuana by an underage person or illegal possession of marijuana paraphernalia by an underage person, as described in section 18-13-122;(i) A violation of section 18-18-405 (2)(a)(III)(A), if the unlawful distribution, manufacturing, dispensing, or sale of the material, compound, mixture, or preparation weighs not more than four grams and contains any amount of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g); and(j) A violation of section 18-18-405 (2)(d)(II) involving unlawful distribution or transferring.(4) Nothing in this section shall be interpreted to prohibit the prosecution of a person for an offense other than an offense listed in subsection (3) of this section or to limit the ability of a district attorney or a law enforcement officer to obtain or use evidence obtained from a report, recording, or any other statement provided pursuant to subsection (1) of this section to investigate and prosecute an offense other than an offense listed in subsection (3) of this section.(5) As used in this section, unless the context otherwise requires, "emergency drug or alcohol overdose event" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance, or of alcohol, or another substance with which a controlled substance or alcohol was combined, and that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.(6)(a) Starting on July 1, 2022, and for three years thereafter, a law enforcement agency that responds to an emergency drug or alcohol overdose event shall report to the district attorney's office in the law enforcement agency's jurisdiction whether an arrest was made as a result of the investigation of an emergency drug or alcohol overdose event or when an arrest was not made pursuant to the provisions of this section.(b) Starting on July 1, 2022, and for three years thereafter, each district attorney's office that receives a report regarding an arrest from law enforcement pursuant to subsection (6)(a) of this section shall prepare a report indicating each instance when a person was not prosecuted for an offense pursuant to this section if the event involved fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g). If the district attorney prosecutes a person who sought emergency assistance for an emergency drug or alcohol overdose event if the event involved fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g), the district attorney shall prepare a report detailing the facts and circumstances for the decision that the immunity provisions of subsection (1) of this section did not apply.(c) Each district attorney shall provide the reports collected pursuant to this subsection (6) to the legislative service agencies of the Colorado general assembly for the purpose of a post-enactment review.(d) This subsection (6) is repealed, effective July 1, 2026.Amended by 2023 Ch. 144,§ 1, eff. 5/1/2023.Amended by 2022 Ch. 225, § 5, eff. 7/1/2022, app. to offenses committed on or after 7/1/2022.Amended by 2021 Ch. 157, § 1, eff. 5/20/2021.Amended by 2019 Ch. 291, § 5, eff. 3/1/2020.Amended by 2017 Ch. 264, § 37, eff. 5/25/2017.Amended by 2016 Ch. 184, § 1, eff. 8/10/2016.Amended by 2014 Ch. 387, § 6, eff. 6/6/2014 and applicable to offenses committed on or after 7/1/2014.Amended by 2013 Ch. 333, § 52, eff. 10/1/2013.L. 2012: Entire section added, (SB 12-020), ch. 986, p. 986, § 2, effective May 29. L. 2013: (3)(c), (3)(d), and (3)(e) amended, (SB 13-250), ch. 1934, p. 1934, § 52, effective October 1. L. 2014: (3)(h) amended, (SB 14-129), ch. 1938, p. 1938, § 6, effective June 6. L. 2016: IP(1) amended, (HB 16-1390), ch. 649, p. 649, § 1, effective August 10. L. 2017: (3)(a) amended, (SB 17-294), ch. 1393, p. 1393, § 37, effective May 25. L. 2019: IP(3) and (3)(c) amended, (HB 19-1263), ch. 2679, p. 2679, § 5, effective March 1, 2020. L. 2021: (3)(c) amended, (HB 21-1090), ch. 900, p. 900, § 1, effective May 20.Section 11(2) of chapter 291 (HB 19-1263), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after March 1, 2020.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 225, Session Laws of Colorado 2012.