The Good Samaritan Drug Overdose Act, S.C. 2017, c. 4, received assent on 4 May 2017 and amended the Controlled Drugs and Substances Act by adding section 4.1 (Justice Laws). The section protects a person who seeks emergency help for a medical emergency, and people at the scene, from being charged or convicted of simple possession under subsection 4(1) when the evidence came from seeking help (Justice Laws, section 4.1).
Section 4.1 defines a medical emergency as a physiological event induced by a psychoactive substance that results in a life-threatening situation (Justice Laws, section 4.1). Health Canada says the Act does not protect against more serious offences, such as outstanding warrants, production and trafficking (Health Canada).
Health Canada’s page is framed around opioid overdoses and does not mention psychedelics (Health Canada), and whether a frightening but not life-threatening trip meets the definition is a legal question. In survey data from naloxone programs, fear of police was the most common reason given for not calling 911 (CCSA, 2017). This is not legal advice.
General information, not medical advice. In an emergency in Canada, call 911. For a mental-health crisis, call or text 9-8-8.
Sources
- Justice Laws: Controlled Drugs and Substances Act, section 4.1
- Justice Laws: Good Samaritan Drug Overdose Act, S.C. 2017, c. 4
- Health Canada: About the Good Samaritan Drug Overdose Act
- CCSA (2017): Calling 911 in drug poisoning situations
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