Joshua Ashley-Pauley Act (Arkansas Medical Amnesty Law for Campus)

A person who is overdosing – or a bystander trying to help a person who is overdosing – will not be charged with drug possession if they call for medical assistance. The act I named for a 20-year-old UCA student who died from a drug overdose because the people who were with him were afraid they would be prosecuted if they called for medical help. 

 Excerpt: 

 

 

 (a) A person shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of § 5-64-419 if the evidence for the arrest, charge, or prosecution of the possession of a controlled substance in violation of § 5-64-419 resulted solely from seeking medical assistance if: 

 

 

 (1) The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or 

 

 

 (2) The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself. 

 

 

 

 

 

 

 (b) A person shall not be subject to penalties for a violation of a permanent or temporary protective order or restraining order or sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole or post-release supervision based on the possession of a controlled substance in violation of § 5-64-419 if the penalties or sanctions are related to the seeking of medical assistance. 

 

 

 Read the Act