Medical Amnesty Law

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To better ensure that minors at medical risk as a result of alcohol intoxication will receive prompt and appropriate medical attention, in 2012, the State of Michigan adopted a medical amnesty law to remove perceived barriers to calling for or seeking help.

Michigan law continues to prohibit a minor from purchasing, consuming, or possessing, or attempting to purchase, consume, or possess, alcoholic liquor and from having any bodily alcohol content. The medical amnesty law provides an exemption from prosecution for the following:

  • A minor (under the age of 21) who, after consuming alcohol, voluntarily presents themselves to a health facility or agency for treatment or observation, including medical examination and treatment for any condition as a result of sexual assault (as defined in Michigan law).
  • Any minor (under the age of 21) who accompanied an individual who, after consuming alcohol, voluntarily presented themselves to a health facility or agency for treatment or observation, including medical examination and treatment for any condition as a result of sexual assault (as defined in Michigan law).
  • Any minor (under the age of 21) who initiated contact with law enforcement or emergency medical services personnel for the purpose of obtaining medical assistance in connection with a legitimate health care concern.
  • Medical Amnesty as a result of an overdose of any controlled substance, including a prescription drug: To better ensure that individuals at medical risk as a result of an overdose of any controlled substance, including a prescription drug, will receive prompt and appropriate medical attention, the State of Michigan provides for medical amnesty to remove perceived barriers to calling for or seeking help. 

The medical amnesty law provides an exemption from prosecution for the following*:

  • Any individual who voluntarily seeks medical assistance for themselves as a result of an overdose of any controlled substance, including a prescription drug.
  • Any individual who accompanies or procures medical assistance for another individual as a result of an overdose of any controlled substance, including a prescription drug.  
  • Any individual who as a result of an overdose of any controlled substance, including a prescription drug, is presented for medical assistance by a third party.

*when the amount of the drug possessed is sufficient only for personal use

The University of Michigan maintains the discretion to refer the individual for appropriate educational intervention(s).

Learn more about the Medical Amnesty law.