Hawaii Revised Statutes

Haw. Rev. Stat. § 329-43.6 (2026)

] Overdose prevention; limited immunity

✓ current as of July 2026

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[§329-43.6] Overdose prevention; limited immunity. (a) As used in this section:

"Drug or alcohol overdose" means:

(1) A condition, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, that is the result of consumption or use of a controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined; or

(2) A condition that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.

"Seeks medical assistance" or "seeking medical assistance" includes but is not limited to reporting a drug or alcohol overdose to law enforcement, the 911 system, a poison control center, or a medical provider; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose while awaiting the arrival of medical assistance.

(b) A person or persons who, in good faith, seek medical assistance for someone who is experiencing a drug or alcohol overdose and a person experiencing a drug or alcohol overdose who seeks medical assistance for the person's self or is the subject of such a good faith request shall not be arrested, charged, prosecuted, or convicted; have their property subject to civil forfeiture; or otherwise be penalized for:

(1) Possession of a controlled substance or drug paraphernalia under this chapter or part IV of chapter 712;

(2) Committing a prohibited act under section 281-101.5 or 712-1250.5;

(3) Violation of a restraining order; or

(4) Violation of probation or parole;

if the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of the seeking of medical assistance.

(c) The act of seeking medical assistance for someone who is experiencing a drug or alcohol overdose shall be considered by the court as a mitigating factor in any controlled substance or alcohol-related criminal prosecution for which immunity is not provided by this section. [L 2015, c 217, §2]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2018–2023 · leading case: Noble v. State, 189 A.3d 807 (Md. Ct. Spec. App. 2018).

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Noble v. State, 189 A.3d 807 (Md. Ct. Spec. App. 2018). “§ 16-13-5 (b) (2018); Haw. Rev. Stat. § 329-43.6 (b) (2018); Iowa Code § 124.”

Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 3× “§ 16-13-5 (a)(1) (“that a reasonable person would believe to be resulting from the consumption or use of a controlled substance or dangerous drug by the distressed individual” (emphasis added)); Haw. Rev. Stat. § 329-43.6 (a)(2) (“that a layperson would reasonably believe to be…”

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