EBM Law Understands State Medical Amnesty Law and Rutgers’ Medical Amnesty Policy and their Effects on NJ Students

The Rutgers University Code of Student Conduct maintains that any student found in the unlawful possession, use, or distribution of alcohol and/or controlled substances on its property is subject to both disciplinary sanctions by the university and potential criminal prosecution. This stringent policy creates uncertainty and fear for students under the influence who may find themselves in potentially life-threatening situations involving drugs and alcohol. Many fear seeking the assistance of emergency medical services or law enforcement. Perceived threats of disciplinary action in such situations discourage New Jersey college students from seeking assistance for themselves and their friends.

Both New Jersey law and the Rutgers Code of Student Conduct offer students in such situations legal protection.

9-1-1 Legislation

In 2011, Assemblywoman Mary Pat Angellini sponsored an amendment to the existing underage alcohol possession legislation. The amendment provides intoxicated minors with immunity from prosecution from alcohol-related offenses in the event that they:

• Call 9-1-1 to report an underage person in need of medical assistance due to alcohol consumption
• Provide their name(s) to the 9-1-1 operator
• Are the first to make the 9-1-1 call and
• Remain on the scene with the underage person in need of medical assistance until first responders arrive, acting cooperatively with law enforcement and medical personnel

In such situations, the same immunity applies for the underage individual receiving medical assistance for excessive alcohol consumption.

Similar laws apply to those who witness drug overdoses while in possession of or intoxicated by illicit substances. In 2013, NJ 2C:35-30 was signed into law by Governor Christie after years of advocacy from New Jersey rock and roll legend Jon Bon Jovi. Bon Jovi, whose daughter had overdosed and survived the year prior while at college in Hamilton, NY, advocated for an overdose prevention law similar to that of New York, which shielded his daughter and those who assisted her from prosecution. The law provides individuals who call 9-1-1 to report a drug overdose immunity from being arrested, charged, or prosecuted for possessing, attempting to purchase, or using controlled substances and related paraphernalia. Likewise, the individual experiencing the overdose is afforded the same protections.

Rutgers Code of Student Conduct

In addition to protection from criminal prosecution, Rutgers students in such situations are afforded similar rights and protections from university disciplinary sanctions. The Medical Amnesty policy of the Rutgers University Code of Student Conduct provides students who seek medical treatment for the effects of drugs or alcohol protection from university discipline regarding illicit drug/alcohol possession and/or use. If the students involved meet with the university’s Conduct/Standards Office to provide a detailed explanation of the events that led to medical assistance becoming necessary, and did not violate any other provision of the Code, they will receive full immunity from disciplinary action.

Our Experience

The Law Offices of Eric B. Morrell is experienced in using both 9-1-1 Legislation defenses to protect individuals who act as “Good Samaritans”. As overdose deaths continue to rise in the United States, it is important that individuals who witness drug overdoses or alcohol poisoning seek immediate medical assistance.

New Jersey college students are particularly vulnerable to such emergencies, and it is necessary that medical amnesty awareness is spread to encourage prompt response times. We are familiar with how these amnesty statutes can be used to protect our clients, and will vigorously defend those who come to the aid of others at risk of alcohol or drug-related medical emergencies. If you have any questions about medical amnesty law, or any criminal-related issue facing New Jersey college students, please contact our offices.

EBM Law’s Commitment

The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick, NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has 25 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are: 

Criminal Defense

DUI/DWI

Guns & Weapons Crimes 

Pre-Trial Detention Hearings

Expungements for Prior Convictions