Wash. Rev. Code » Title 69 · Chapter 69.50
Revised Code of Washington

Wash. Rev. Code § 69.50.315 (2026)

✓ current as of May 2026
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(1) A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the person seeking medical assistance.
(2) A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.
(3) The protection in this section from prosecution for possession crimes under RCW 69.50.4013 shall not be grounds for suppression of evidence in other criminal charges.
[ 2015 c 205 s 4; 2010 c 9 s 2.]

Notes:

Intent—2015 c 205: See note following RCW 69.41.095.
Intent—2010 c 9: "The legislature intends to save lives by increasing timely medical attention to drug overdose victims through the establishment of limited immunity from prosecution for people who seek medical assistance in a drug overdose situation. Drug overdose is the leading cause of unintentional injury death in Washington state, ahead of motor vehicle-related deaths. Washington state is one of sixteen states in which drug overdoses cause more deaths than traffic accidents. Drug overdose mortality rates have increased significantly since the 1990s, according to the centers for disease control and prevention, and illegal and prescription drug overdoses killed more than thirty-eight thousand people nationwide in 2006, the last year for which firm data is available. The Washington state department of health reports that in 1999 unintentional drug poisoning was responsible for four hundred three deaths in this state; in 2007, the number had increased to seven hundred sixty-one, compared with six hundred ten motor vehicle-related deaths that same year. Many drug overdose fatalities occur because peers delay or forego calling 911 for fear of arrest or police involvement, which researchers continually identify as the most significant barrier to the ideal first response of calling emergency services." [ 2010 c 9 s 1.]
Notes of Decisions
Cited in 5 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). “, possession of controlled dangerous substances and drug paraphernalia and certain crimes relating to underage possession and consumption of alcoholic beverages.”
State v. Miller, 2019 Ohio 3294 (Ohio Ct. App. 2019). “44-53-1930(A); and Wash.Rev.Code Ann. 69.50.315(2). While the authority is sparse, the cases mainly focus on whether the defendant actually experienced an overdose.”
State Of Washington v. Robert Guy Osborn (Wash. Ct. App. 2019). · cites it 12× “He argues that the trial court erred in finding that he did not have immunity from prosecution under RCW 69.50.315. He also argues that the trial court erred by including an out-of-state prior conviction in his offender score, without conducting a comparability analysis.”
State Of Washington v. Racheal Manelle Star Crettol (Wash. Ct. App. 2019). · cites it 3× “2 The State does not concede that the trial court erred in not denying Crettol’s motion to suppress under RCW 69.50.315. Because we reverse Crettol’s conviction on the first ground, we decline to address this second ground.”
Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2023). “9-4(a) (“someone experiencing a drug or alcohol overdose”); Wash. Rev. Code Ann. § 69.50.315 (2) (“who experiences a drug- related overdose”).”
— Wash. Rev. Code § 69.50.315(2) — 3 cases
State v. Miller, 2019 Ohio 3294 (Ohio Ct. App. 2019). “44-53-1930(A); and Wash.Rev.Code Ann. 69.50.315(2). While the authority is sparse, the cases mainly focus on whether the defendant actually experienced an overdose.”
State Of Washington v. Robert Guy Osborn (Wash. Ct. App. 2019). “He argues that the trial court erred in finding that he did not have immunity from prosecution under RCW 69.50.315. He also argues that the trial court erred by including an out-of-state prior conviction in his offender score, without conducting a comparability analysis.”
State Of Washington v. Racheal Manelle Star Crettol (Wash. Ct. App. 2019). “2 The State does not concede that the trial court erred in not denying Crettol’s motion to suppress under RCW 69.50.315. Because we reverse Crettol’s conviction on the first ground, we decline to address this second ground.”
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