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Can someone be charged if they overdose on an illegal drug?

I'm just curious. The person is in the hospital getting treated for the overdose and I didn't know if they would be charged by police for the illegal substance too.

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    Edward J. Blum | Law Office of Edward J. Blum
    3699 Wilshire Blvd.
    Los Angeles, CA 90010
    (213) 479-5322
    No. There is a specific statute in the Health and Safety code that prevents charging in that situation.
    Answer Applies to: California - Replied: 7/17/2013
    John Danelon | Ellis & Abouelsood
    535 Main Street #305
    Martinez, CA 94553
    (925) 726-4529
    If a person overdoses on a controlled substance, it is possible for the person to be charged with possession of a controlled substance.
    Answer Applies to: California - Replied: 7/17/2013
    JR Morgenstern | BP Law Group
    8815 Research Dr.
    Irvine, CA 92618
    (888) 690-5557
    Answer Applies to: California - Replied: 7/17/2013
    Lawrence Lewis, PC | Lawrence Lewis
    242 Culver Street, Suite103
    Lawrenceville, GA 30045
    (678) 407-9300
    So your curiosity turns into work for the person answering these questions, is that right? You don't have a pressing problem, just curious.
    Answer Applies to: Georgia - Replied: 7/17/2013
    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    As there is no controlled substance in its physical form present, then charges won't be filed. ?However, if after arriving and finding the OD' ed person, illegal controlled substances are found, then charges can be filed.
    Answer Applies to: Illinois - Replied: 7/17/2013
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