ORS  Guide
Protection for person obtaining assistance for cannabis-related overdose
ORS > Criminal Code > Marijuana > 475C.389
(1) as used in this statute, "cannabis-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of cannabis, or another substance with which cannabis was combined, that a person would reasonably believe requires medical attention.
(2)(a) anyone who contacts EMS or a LEA to obtain medical assistance for someone else because of a cannabis-related overdose is immune from arrest or prosecution for violating 475C.337 (unlawful possession by someone 21 or older), 475C.341 (unlawful possession of marijuana by someone under 21) or 475C.373 (unlawful sale or delivery of marijuana paraphernalia) if the evidence of the offense was obtained because the person contacted EMS or LEA
(b) anyone who is in need of medical assistance because of a cannabis-related overdose is immune from arrest or prosecution for violating 475C.337 (unlawful possession by someone 21 or older), 475C.341 (unlawful possession of marijuana by someone under 21) or 475C.373 (unlawful sale or delivery of marijuana paraphernalia) if the evidence of the offense was obtained because someone contacted EMS or a LEA to obtain medical assistance for the victim
(3) a person may not be arrested for violating, or found to be in violation of, the conditions of the person's pretrial release, probation, post-prison supervision or parole if the violation involves:
(a) the possession or use of a marijuana item or frequenting a place where marijuana items are used AND
(b)(A) the evidence of the violation was obtained because the person contacted EMS or LEA to obtain medical assistance for someone who needed medical assistance due to a cannabis-related overdose OR
(B) the evidence of the violation was obtained because the person was in need of medical assistance due to a cannabis-related overdose and any person contacted EMS or LEA to obtain medical assistance for the person
(4)(a) no one may be arrested on an outstanding warrant for violating: 475C.337 (unlawful possession by someone 21 or older), 475C.341 (unlawful possession of marijuana by someone under 21) or 475C.373 (unlawful sale or delivery of marijuana paraphernalia), or on an outstanding warrant for a violation, other than commission of a new crime, of the conditions of the person's probation, post-prison supervision or parole for conduct that would constitute a violation of 475C.337 (unlawful possession by someone 21 or older), 475C.341 (unlawful possession of marijuana by someone under 21) or 475C.373 (unlawful sale or delivery of marijuana paraphernalia), if the person was located because:
(A) the person contacted EMS or a LEA to obtain medical assistance for another person who needed medical assistance due to a cannabis-related overdose OR
(B) the person was in need of medical assistance due to a cannabis-related overdose and any person contacted EMS or LEA to obtain medical assistance for the person
(b) this subsection does not apply to outstanding federal warrants or outstanding warrants issued from other states
(5) the immunity from arrest and prosecution described in this section is not grounds for the suppression of evidence relating to a criminal offense other than the offenses described in 475C.337 (unlawful possession by someone 21 or older), 475C.341 (unlawful possession of marijuana by someone under 21) & 475C.373 (unlawful sale or delivery of marijuana paraphernalia)
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