After a panel of the Virginia Appeals Court was divided in how to interpret and apply key definitions and phrases as set out in the state’s overdose reporting statute, a rehearing before the full court provided further mixed analysis as to the requirements of an individuals seeking immunity to “remain at the scene of the overdose.”

Law enforcement encountered Jordan Morris outside of the Short Pump Emergency Center in Henrico, Virginia. He was charged with possession of a schedule I or II controlled substance and driving under the influence of drugs. Morris’s blood tested positive for cocaine, and there was cocaine residue found on a smoking device in the vehicle he was driving, according to the majority’s opinion filed May 9.