Facing Drug Charges After a Mental Health Crisis? A New Jersey Court Says You Might Be Protected Under New Jersey’s Overdose Prevention Act.

Recent Appellate Court Decision Clarifies Protections Under New Jersey’s Overdose Prevention Act

If you or a loved one has been charged with a drug offense in New Jersey following a mental health emergency, you may have more legal protection than you think — especially under New Jersey’s Overdose Prevention Act.

A recent case in the Appellate Division, State v. C.C.W., is a major development in how New Jersey courts interpret this important law. It sends a clear message: people experiencing drug-related mental health crises deserve medical help, not handcuffs.

At Kemeny, Ramp & Renaud, we’re proud to support individuals and families navigating these complex situations. Below, we break down what the court decided and what it means for anyone facing drug possession charges after a mental health emergency.

The Case: What Happened in State v. C.C.W.?

In this case, a New Jersey woman was charged with unlawful possession of methamphetamine after her friend called 911 out of concern for her mental health. The caller said she was suicidal and had been using meth. Police arrived and brought her to a hospital, where staff found methamphetamine in her personal belongings and contacted law enforcement. She was then arrested and indicted.

Her attorney filed a motion to dismiss the charges under New Jersey’s Overdose Prevention Act, which protects people from prosecution if drugs are discovered as a result of seeking help for a suspected overdose or drug-related medical emergency. However, the trial court denied the motion, stating that the 911 call was for a psychiatric issue — not a drug overdose.

The Appellate Court’s Decision

On appeal, the New Jersey Appellate Division reversed the lower court’s decision and gave clear guidance on how the Overdose Prevention Act should be interpreted.

✅ Mental Health Crises Can Trigger Legal Protection

The court emphasized that the Overdose Prevention Act isn’t limited to traditional overdose symptoms like unconsciousness or respiratory failure. If someone is suffering from a mental health emergency caused by drug use — including suicidal thoughts or emotional instability — that may still qualify as an “overdose” under the law.

✅ Medical Help Includes Psychiatric Treatment

Calling 911 for a mental health crisis is just as valid under the law as calling for physical symptoms. Hospitals and psychiatric evaluations count as “medical assistance.”

✅ You Don’t Need to Be Actively High

You don’t need to be visibly intoxicated or unconscious for the law to apply. What matters is whether a reasonable person would believe your crisis was caused by drug use and call for help. That belief — not the exact diagnosis — is what triggers immunity under the Act.

✅ Your Case Could Be Dismissed

The appellate court sent the case back to the trial court to reconsider the motion to dismiss — this time with the correct legal standard. If the trial judge finds that the defendant's mental health crisis was likely the result of drug use, the charges must be dismissed.

Why the Overdose Prevention Act Exists

New Jersey’s Overdose Prevention Act was created to save lives, not punish people in crisis. Lawmakers knew that people were dying because they or their friends were afraid to call 911 for fear of arrest. The Act aims to change that.

If someone calls for help during a drug-related emergency — even a mental health one — the law provides legal immunity from certain drug charges for both the person who made the call and the person experiencing the emergency.

What New Jersey's Overdose Prevention Act Might Mean for You or a Loved One

If you or someone close to you was arrested for drug possession in connection with a mental health emergency, don’t lose hope. You may be entitled to immunity from prosecution under New Jersey’s Overdose Prevention Act.

At Kemeny, Ramp & Renaud, we’ve helped people across the state fight drug charges that never should have been filed in the first place. We understand the intersection of mental health and the criminal justice system, and we’re here to make sure the law works the way it’s supposed to — to protect, not punish.

Arrested After in New Jersey a Mental Health Crisis? We Can Help.

If you or your loved one was charged with a drug offense after seeking help for a psychiatric or emotional crisis, contact us today. We offer:

• Compassionate, non-judgmental legal guidance

• Decades of experience in criminal defense and mental health law

• A deep understanding of the Overdose Prevention Act

Let our mental health advocacy attorneys fight for your rights and help you move forward with dignity and hope. Contact us today.