Opiate Overdoses Spike in Fargo

Since August 1, the Fargo Police Department has responded to nine calls of possible overdoses, one of which resulted in death. Prior to that, the department had nine calls of possible overdoses all year.

The Fargo Police Department Narcotics Unit is working diligently to investigate these calls and attempt to identify who is bringing these drugs to our community.

The Fargo Police Department's first priority is to make sure the victim of an overdose receives the necessary medical treatment. As part of that, they would like to remind the community about the Overdose Prevention and Immunity Law (NDCC: 19-03.1-23.4). It reads:

"An individual is immune from criminal prosecution if in good faith that individual seeks medical assistance for another individual in need of emergency medical assistance due to a drug overdose. To receive immunity, the individual must have remained on the scene until assistance arrived, cooperated with the medical treatment of the reported drug overdosed individual, and the overdosed individual must have been in a condition a layperson would reasonably believe to be a drug overdose requiring immediate medical assistance. Neither the individual who experiences a drug-related overdose and is in need of emergency medical assistance nor the cooperating individual seeking medical assistance may be charged or prosecuted for the criminal offenses listed in this section or for the sharing of controlled substances among those present. Immunity from prosecution under this section does not apply unless the evidence for the charge or prosecution was obtained as a result of the drug-related overdose and the need for emergency medical assistance. Good faith does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or during a lawful search."

The sections outlined in the law which individuals would be immune from prosecution under are under the Uniform Controlled Substances Act.

19-03.1-22.1: Inhalation of Intoxicating Vapors

19-03.1-22.3: Ingesting a Controlled Substance

19-03.1-22.5: Controlled Substance Analog Use

19-03.1-23 Subsection 8: Possession of a Controlled Substance

19-03.2-03 Subsection 3: Possession of an Imitation Controlled Substance

19-03.4-03: Possession of Drug Paraphernalia

To summarize this law, individuals that seek help for someone overdosing need to call for help, remain on scene until assistance arrives and provide assistance related to their medical care. Individuals on scene DO NOT forfeit any of their constitutional rights.

The message the department want to get out to the public is that if something like this happens, call 911 immediately. Minutes count when someone is overdosing and/or stops breathing and we need to get them help as soon as possible. If you do not have Narcan, provide rescue breaths until help arrives. DO NOT waste valuable time cleaning up drug paraphernalia or illegal drugs as you are not going to be charged with those things anyways. The biggest priority is the safety and health of the person in distress.