NY Penal L § 220.78 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title M - Offenses Against Public Health and Morals Article 220 - Controlled Substances Offenses 220.78 - Witness or Victim of Drug or Alcohol Overdose.

§ 220.78 Witness or victim of drug or alcohol overdose.   1.  A  person who, in good faith, seeks health care for someone who is experiencing a drug  or  alcohol  overdose  or  other  life  threatening medical  emergency  shall  not be charged or prosecuted for a controlled substance offense under this article or a cannabis offense under article two hundred twenty-two of this title, other than  an  offense  involving sale  for  consideration  or  other  benefit  or  gain,  or  charged  or prosecuted for possession of alcohol by a person  under  age  twenty-one years  under section sixty-five-c of the alcoholic beverage control law, or for possession of drug paraphernalia under article thirty-nine of the general  business  law,  with  respect  to  any  controlled   substance, cannabis, alcohol or paraphernalia that was obtained as a result of such seeking or receiving of health care.   2.  A  person  who is experiencing a drug or alcohol overdose or other life threatening medical emergency and, in good faith, seeks health care for himself or herself or is the subject of such a  good  faith  request for  health  care,  shall  not be charged or prosecuted for a controlled substance offense under this article or a cannabis offense under article two hundred twenty-two of this title, other than  an  offense  involving sale  for  consideration  or  other  benefit  or  gain,  or  charged  or prosecuted for possession of alcohol by a person  under  age  twenty-one years  under section sixty-five-c of the alcoholic beverage control law, or charged or prosecuted for  possession  of  cannabis  or  concentrated cannabis  by  a  person  under  the  age of twenty-one under section one hundred thirty-two of the  cannabis  law,  or  for  possession  of  drug paraphernalia  under  article  thirty-nine  of the general business law, with respect to any substance, cannabis, alcohol or  paraphernalia  that was obtained as a result of such seeking or receiving of health care.   3. Definitions. As used in this section the following terms shall have the following meanings:  (a)  "Drug or alcohol overdose" or "overdose" means an acute condition including, but not limited to, physical illness, coma,  mania,  hysteria or  death,  which  is  the  result of consumption or use of a controlled substance or alcohol and relates  to  an  adverse  reaction  to  or  the quantity  of  the  controlled  substance  or alcohol or a substance with which the controlled substance or alcohol was combined; provided that  a patient's  condition shall be deemed to be a drug or alcohol overdose if a prudent layperson, possessing an average  knowledge  of  medicine  and health, could reasonably believe that the condition is in fact a drug or alcohol overdose and (except as to death) requires health care.  (b) "Health care" means the professional services provided to a person experiencing  a  drug  or alcohol overdose by a health care professional licensed, registered or certified under title eight of the education law or article thirty of the public health law who, acting within his or her lawful scope of practice, may provide diagnosis, treatment or  emergency services for a person experiencing a drug or alcohol overdose.   4.  It  shall  be an affirmative defense to a criminal sale controlled substance offense under this article or  a  criminal  sale  of  cannabis offense  under article two hundred twenty-two of this title, not covered by subdivision  one  or  two  of  this  section,  with  respect  to  any controlled  substance or cannabis which was obtained as a result of such seeking or receiving of health care, that:  (a) the defendant, in good faith, seeks health care for someone or for him or herself who is experiencing a drug or alcohol overdose  or  other life threatening medical emergency; and  (b)  the  defendant  has  no  prior  conviction  for the commission or attempted commission of a  class  A-I,  A-II  or  B  felony  under  this article.    5. Nothing in this section shall be construed to bar the admissibility of  any evidence in connection with the investigation and prosecution of a crime with regard to another  defendant  who  does  not  independently qualify  for  the bar to prosecution or for the affirmative defense; nor with  regard  to  other  crimes  committed  by  a  person  who otherwise qualifies under this section; nor shall  anything  in  this  section  be construed  to bar any seizure pursuant to law, including but not limited to pursuant to section thirty-three hundred eighty-seven of  the  public health law.   6.  The  bar  to  prosecution described in subdivisions one and two of this section shall not apply to the prosecution of a  class  A-I  felony under this article, and the affirmative defense described in subdivision four  of  this section shall not apply to the prosecution of a class A-I or A-II felony under this article.