NY S05191

Establishes immunity from arrest, charge, prosecution, or conviction for drug possession, marijuana possession, underage alcohol possession, and drug paraphernalia possession when a person seeks emergency health care for someone experiencing a drug or alcohol overdose in good faith.

Extends the same immunity protections to overdose victims themselves who seek health care for their own overdose or are the subject of a good faith request for health care.

Defines "drug or alcohol overdose" as an acute condition including physical illness, coma, mania, hysteria, or death resulting from consumption of a controlled substance or alcohol, as reasonably believed by a prudent layperson.

Does not protect individuals from arrest or prosecution for drug trafficking or other offenses unrelated to simple possession, nor does it interfere with law enforcement's ability to secure overdose scenes.

Requires courts to consider the act of seeking health care for an overdose victim as a mitigating factor in any criminal prosecution related to controlled substances, marijuana, drug paraphernalia, or alcohol offenses.