People v. Sims

In consolidated appeals, the appellate court considered whether the circuit court erred when it dismissed drug-related charges against the defendant by finding he was immune from prosecution pursuant to the Overdose Prevention and Harm Reduction Act. On appeal, the State argued that defendant failed to prove that the used drug paraphernalia in which the drugs were found came from a program established under the Act. The appellate court reversed and remanded for further proceedings, finding that defendant failed to make the requisite minimum showing that would entitle him to immunity under the Act. (DOHERTY and DeARMOND, concurring)