The number of deaths due to drug and alcohol overdoses increased in Maryland during the pandemic. Minority communities are being affected the most. Data from the Centers for Disease Control and Prevention (CDC) show that between May 2019 and May 2020 deaths from all types of drugs have increased by nearly 17%.

ABC News reports that opioid overdoses are 20% higher in 2020 than they were before the pandemic. ABC News stated that “social distancing has forced many 12 Step programs, such as Alcoholics Anonymous, to suspend their meetings” even though the need and demand for substance abuse programs has never been more.

According to the Patch publication, between January and September of 2020, more than 2000 people died unintentionally by using drugs and alcohol. Steve Schuh, the executive director of the Opioid Operational Command Center said that the opioid curve was flattening in Maryland before the pandemic struck. Some of the reasons for the increase are due to economic difficulties, social isolation, and treatment that has been disrupted because of the pandemic. Maryland is working to address this problem by increasing the use of telehealth services, and working to identify and address the inequities in healthcare.

Calling for help vs. supplying drugs: when does Maryland’s Good Samaritan law apply?

Many people may be hesitant to help those in need during the pandemic for fear of being prosecuted for use or possession of drugs themselves. Maryland’s Good Samaritan Law​, which went into effect on October 1, 2015, provides:

protection from arrest as well as prosecution for certain specific crimes and expands the charges from which people assisting in an emergency overdose situation are immune. If someone calls 911 in an effort to help during an overdose crisis, or they are experiencing an overdose, their parole and probation status will not be affected, and they will now not be arrested, charged, or prosecuted for:

• ​Possession of a controlled dangerous substance​​
• Possession or use of drug paraphernalia
• Providing alcohol to minors

The law generally seeks to protect people who provide medical assistance to those in need of medical care. The Good Samaritan law applies if the overdose victim receives help because a good Samaritan stepped in and helped them. The law protects people from “a violation of a condition of pretrial release, probation, or parole, if the evidence of the violation was obtained solely as a result of a person seeking, providing or assisting with medical help to save someone’s life.”

The law protects people from arrest, charges, and prosecution for these six misdemeanors:

• 5-601: Possessing or Administering CDS (Controlled Substances)
• 5-619: Drug Paraphernalia
• 5-620: Controlled Paraphernalia
• 10-114: Underage Possession of Alcohol
• 10-116: Obtaining Alcohol for Underage Consumption
• 10-117: Furnishing for or allowing underage consumption of alcohol

The Good Samaritan laws only protect those who seek help for people who are overdosing, however; they do not protect anyone else who was there when the overdose occurred, nor do they protect those who sold the drugs. In 2019, Maryland’s highest court confirmed a manslaughter conviction for Patrick J. Thomas who sold heroin to Colton Matrey; Matrey died of an overdose. It was the first time the Court of Appeals in Maryland had ever confirmed a manslaughter against a seller when a buyer accidentally overdosed.

The Good Samaritan Law does not apply to misdemeanor drug crimes other than the six listed and doesn’t apply to drug felonies, and there are no laws preventing law enforcement from collecting evidence and investigating what happened, which could lead to other charges later.

Attorney Joseph Carey has been fighting for defendants in Bowie, Crofton, and the surrounding areas for 40 years. He has earned the respect of the criminal justice community for his ability to obtain dismissals, acquittals, and fair plea bargains. If you have been charged with any crime, Carey Law Office is ready to fight for you. To discuss your criminal charges, call 301-464-2500 or complete our contact form to schedule a consultation today.