Texas Senate Bill SB811

Texas 2021 - 87th Regular

Caption

Relating to a defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.

Impact

The proposed amendments to the Health and Safety Code outline specific conditions under which individuals can use this defense. If the person requesting assistance can demonstrate that they were the first to ask for help during an ongoing medical emergency, stayed until help arrived, and cooperated with medical personnel and law enforcement, they may be exempt from prosecution for possession. However, this defense is limited and does not apply in cases where law enforcement was already involved or if the individual is committing another offense at the time of the request.

Summary

Senate Bill 811 aims to establish a legal defense for individuals who possess small amounts of controlled substances, including marihuana and dangerous drugs, at the time they request emergency assistance during a suspected overdose. The bill acknowledges the fear of legal repercussions that individuals may have when seeking help for themselves or others experiencing a drug-related overdose. By providing this defense, the legislation seeks to encourage timely medical intervention, potentially saving lives in urgent situations.

Contention

While supporters of SB811 may argue that it addresses the public health crisis surrounding drug overdoses by fostering an environment where individuals feel safe to call for help, there may be opposition concerning the potential for misuse of this defense. Concerns could arise regarding the balance between protecting individuals in emergencies and preventing the continued normalization of drug possession without accountability. Thus, having clearly defined parameters for applicability will be crucial in discussions surrounding the bill.