STATE OF NEW JERSEY VS. W.S.B.
A-5569-16T1
In this case of first impression, this court interprets and applies the Overdose Prevention Act (the "OPA" or "the Act"), N.J.S.A. 2C:35-30 to -31; N.J.S.A. 24:6J-1 to -6, a statute enacted in 2013. The OPA is intended to save lives by "encouraging witnesses and victims of drug overdoses to seek medical assistance." N.J.S.A. 24:6J-2.
Among other things, the statute confers immunity upon two categories of qualifying persons from being "arrested, charged, prosecuted, or convicted" for certain enumerated possessory drug offenses. The immunity covers persons: (1) who act in good faith to request medical assistance for individuals perceived to be experiencing a "drug overdose," as defined by N.J.S.A. 24:6J-3; or (2) who experience a drug overdose and have been the subject of such a good faith request for medical assistance by others, or who have sought such assistance themselves. See N.J.S.A. 2C:35-30 (granting immunity for the persons making such requests for assistance); N.J.S.A. 2C:35-31 (granting immunity for the persons who are the subject of such eligible requests).
The panel rejects the State's argument that the immunity conferred by the Act contains an implied exception for persons who are only "intoxicated." Instead, courts applying the statute must address the specified terms of the definition of a "drug overdose" set forth in N.J.S.A. 24:6J-3. That definition requires that the person be in "an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled dangerous substance [CDS] or another substance with which a [CDS] was combined and that a layperson would reasonably believe to require medical assistance." (emphasis added).
The panel further concludes that, as the words of the statute specify, the protection of the OPA's immunity extends to all phases of the criminal process, including arrest, charge, prosecution, and conviction.
Because the sparse factual record in this case is unclear in several respects and inadequate to resolve the disputed immunity issues, the panel remands this case for further proceedings to develop the facts in greater depth.
