CO Code § 18-1-711 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 7 - Justification and Exemptions From Criminal Responsibility|§ 18-1-711. Immunity for Persons Who Suffer or Report an Emergency Drug or Alcohol Overdose Event - Definitions

  A person is immune from arrest and prosecution for an offense described in subsection (3) of this section if:   The person reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, to the 911 system, or to a medical provider;    The person remains at the scene of the event until a law enforcement officer or an emergency medical responder arrives or the person remains at the facilities of the medical provider until a law enforcement officer arrives;    The person identifies himself or herself to, and cooperates with, the law enforcement officer, emergency medical responder, or medical provider; and    The offense arises from the same course of events from which the emergency drug or alcohol overdose event arose.       The immunity described in subsection (1) of this section also extends to the person who suffered the emergency drug or alcohol overdose event if all of the conditions of subsection (1) of this section are satisfied.    The immunity described in subsection (1) of this section applies to the following criminal offenses:   Unlawful possession of a controlled substance, as described in section 18-18-403.5 (2);    Unlawful use of a controlled substance, as described in section 18-18-404;    If committed on or after March 1, 2020, unlawful possession of two ounces or less of marijuana, as described in section 18-18-406 (5)(a)(I) prior to its repeal in 2021; or more than two ounces of marijuana but not more than six ounces of marijuana or not more than three ounces of marijuana concentrate, as described in section 18-18-406 (4)(c); or more than six ounces of marijuana or more than three ounces of marijuana concentrate, as described in section 18-18-406 (4)(b);    Open and public display, consumption, or use of less than two ounces of marijuana, as described in section 18-18-406 (5)(b)(I);    Transferring or dispensing two ounces or less of marijuana from one person to another for no consideration, as described in section 18-18-406 (5)(c);    Use or possession of synthetic cannabinoids or salvia divinorum, as described in section 18-18-406.1;    Possession of drug paraphernalia, as described in section 18-18-428; and    Illegal possession or consumption of ethyl alcohol or marijuana by an underage person or illegal possession of marijuana paraphernalia by an underage person, as described in section 18-13-122.       Nothing in this section shall be interpreted to prohibit the prosecution of a person for an offense other than an offense listed in subsection (3) of this section or to limit the ability of a district attorney or a law enforcement officer to obtain or use evidence obtained from a report, recording, or any other statement provided pursuant to subsection (1) of this section to investigate and prosecute an offense other than an offense listed in subsection (3) of this section.    As used in this section, unless the context otherwise requires, “emergency drug or alcohol overdose event” means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance, or of alcohol, or another substance with which a controlled substance or alcohol was combined, and that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.     History. Source: L. 2012: Entire section added,(SB 12-020), ch. 225, p. 986, § 2, effective May 29. L. 2013: (3)(c), (3)(d), and (3)(e) amended,(SB 13-250), ch. 333, p. 1934, § 52, effective October 1. L. 2014: (3)(h) amended,(SB 14-129), ch. 387, p. 1938, § 6, effective June 6. L. 2016: IP(1) amended,(HB 16-1390), ch. 184, p. 649, § 1, effective August 10. L. 2017: (3)(a) amended,(SB 17-294), ch. 264, p. 1393, § 37, effective May 25. L. 2019: IP(3) and (3)(c) amended,(HB 19-1263), ch. 291, p. 2679, § 5, effective March 1, 2020. L. 2021: (3)(c) amended,(HB 21-1090), ch. 157, p. 900, § 1, effective May 20.    Cross references:   For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 225, Session Laws of Colorado 2012.   ANNOTATION   Subsection (1)(a) requires both that: (1) a person report in good faith what the person subjectively perceives is an acute condition caused by the consumption or use of drugs or alcohol and that (2) a layperson would reasonably believe that the reported condition is a drug or alcohol overdose needing medical assistance. The good-faith requirement renders the subjective perception of the person making the report relevant. People v. Harrison, 2020 CO 57, 465 P.3d 16.   The introduced evidence, when viewed as a whole and in the light most favorable to the prosecution, was sufficient to disprove the affirmative defense, which was based on this section, beyond a reasonable doubt. The person who called the police stated that it never crossed her mind that the defendant may have had a drug overdose. People v. Harrison, 2020 CO 57, 465 P.3d 16.