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Any legal penalties for a drug overdose?

Discussion in 'General Substance Abuse Discussion' started by twinworkxwellv, Jun 14, 2015.

  1. Does anyone know if there are any penalties involved in a drug overdose, or do the police not get involved? Maybe mandatory rehab?
  2. Totalarmordestine

    Totalarmordestine Senior Contributor

    I almost died from an overdose. I was charged with possession of a controlled substance and I am now a convicted felon. I was sentenced 4 years. And rehab was mandatory.
  3. tarverten

    tarverten Senior Contributor

    A drug overdose very rarely involves any kind of criminal charges. If a person overdoses at their home with prescription drugs the police can issue a mental health evaluation which could detain that person for 72 hours at the local mental health clinic where they will be screened and possibly admitted to a mental facility. If the person overdoses on an illegal substance and there is still some of that illegal substance there when police arrive they could have possession charges waiting for them when they get out of the hospital.
  4. blastguardgear

    blastguardgear Senior Contributor

    Actually, there is something called the Len Bias Law. This law (at least in the state of Wisconsin) will find whomever trafficked, or served that drug to the victim that overdosed. If the person dies as a result of the overdose, that person can be found of 1st degree reckless homicide.
    The user, or person that overdoses, can be charged with possesion of a controlled substance or consumption of a controlled substance.
  5. thepieeatingjay

    thepieeatingjay Senior Contributor

    That will depend on the drug. If it is a controlled substance and the person has a prescription, there's no penalty. If it is a controlled substance with no prescription or if it is an illegal drug, then it carries the usual drug penalty. During the plea bargaining, they may request rehab in lieu of sentence, or the judge may add rehab to the sentence.
  6. shadowsupernature

    shadowsupernature Senior Contributor

    If it is a legal drug, and you don't die, and you are not caught, then no. However, if you are caught overdosing greatly, and the police feel you were trying to commit suicide, then you could be admitted to a psychiatric hospital. If it already happened, then forget it, but if you are planning to overdose I would strongly suggest you don't, drug overdose can cause serious, permananent, and sometimes even fatal results. If you are looking for a really awesome sensation then eat a peppermint patty. Otherwise, I would suggest you stick to decaff.
  7. zaerine

    zaerine Community Champion

    I also think that most probably you will be charge with the illegal use of substance if that is considered as illegal substance in your country. Also you can be charged of illegal possession of drugs if they could find some with you.
  8. Corzhens

    Corzhens Active Contributor

    Over here, the penalty for drug overdose is the same as that for a drug user. However, most drug overdose cases brought to the hospital are considered medico legal cases. More often than not, those cases do not reach the desk officer since they are not reported anymore mainly because a drug overdose is tantamount to a jail term for drug users.
  9. JoshPosh

    JoshPosh Community Champion

    Damn. Not only did you spend a few days in the hospital then the charged you. Wow, man. You just can't win. Four years is a long time. Now I know to never get in that situation. Four years is a long time to take away from someone.
  10. pwarbi

    pwarbi Community Champion

    I think the law will probably be different depending on where you are in the world. I'd imagine if its an illegal drug then then at the very least you'd be charged with possession. Then it would depend on just how much you had taken and what else you had on you at the time, as to what sort of punishment you got.