Ark. Code Ann. » Title 20 Chapter 13
Arkansas Code Annotated

Ark. Code Ann. § 20-13-1704 (2026)

Immunity for seeking medical assistance

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. A person shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of § 5-64-419 if the evidence for the arrest, charge, or prosecution of the possession of a controlled substance in violation of § 5-64-419 resulted solely from seeking medical assistance if:
    1. The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or
    2. The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.
  2. A person shall not be subject to penalties for a violation of a permanent or temporary protective order or restraining order or sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on the possession of a controlled substance in violation of § 5-64-419 if the penalties or sanctions are related to the seeking of medical assistance.

History. Acts 2015, No. 1114, § 1.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2022–2025 · leading case: Robert Herrington v. State of Arkansas, 2025 Ark. App. 316 (Ark. Ct. App. 2025).
Sort: Relevance Newest Treatment
Robert Herrington v. State of Arkansas, 2025 Ark. App. 316 (Ark. Ct. App. 2025). · cites it 2× “Potential Immunity-from-Possession Conviction Pursuant to Arkansas Code Annotated Section 20-13-1704 Herrington next argues that we must reverse his conviction for possession of a controlled substance because he was immune from a drug possession that resulted from his reporting…”
Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2022). “, Ark. Code Ann. § 20-13-1704 (a)(2) (“The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.”
Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2022). “, Ark. Code Ann. § 20-13-1704 (a)(2) (“The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.”
Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2023). “, Ark. Code Ann. § 20-13-1704 (a)(2) (“The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.