“This effective rewriting of the statute is outside the proper role of the judiciary because it amounts to legislating from the bench,” Russell wrote. said the majority was overreaching by adopting an argument the defendant himself didn’t make to dramatically reinterpret the medical amnesty law. In a sharply worded dissent, now-Supreme Court of Virginia Justice Wesley G. “…The good Samaritan might waver, worrying that a mistake about whether the victim is, in fact, overdosing would trigger criminal liability for the both of them.” Raphael wrote in the majority opinion, joined by Judge Daniel E. “It could make them ask questions like, ‘Am I really overdosing?’ ‘Would a reasonable person be overdosing if they took what I did?’ ‘Do I need a note from my doctor before calling 911?’” appellate Judge Stuart A. In a 2-1 opinion that delved into dictionary definitions of basic words to argue what it means to be “experiencing an overdose,” the majority wrote that a law requiring defendants to have verifiable proof of an overdose would “cause people to hesitate before seeking emergency care.” “Primarily with respect to individuals who are themselves the person charged.” “If this ruling stands, and I put tremendous emphasis on if, it is going to significantly expand the application of that law,” Koehler said. Koehler, who runs a blog about appellate opinions, said the ruling amounts to “a huge change in the law,” potentially allowing more Virginians stopped for alcohol or drug use to argue they shouldn’t be charged because they were heading to a hospital. Instead, the court ruled, a person’s belief they are experiencing an overdose or other life-threatening condition due to drug use can be enough to shield them from criminal charges while seeking medical care. That law is meant to give immunity from arrest or prosecution to people seeking medical attention for an overdose by themselves or someone else, but the appeals court ruled Tuesday someone doesn’t have to prove they were actually overdosing to invoke it. Virginia’s Court of Appeals overturned a drug conviction for a man who told police he was trying to go to a Richmond-area emergency room in 2020 to get help after smoking crack and feeling suicidal, a ruling that widens the state’s medical amnesty law for drug and alcohol overdoses.

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