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AB 904

Relating to: immunity for certain controlled substances offenses for aiders and aided persons.

2025-2026 Regular Session Introduced by Dave Armstrong and 8 co-sponsors

Wisconsin bill grants immunity from controlled substance prosecution to people who aid others' drug use and those receiving aid, prioritizing overdose prevention over criminal penalties.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · AB 904

Legislative bill overview

AB 904 would provide legal immunity to individuals who aid or assist someone in possessing or using controlled substances, as well as immunity to the person being aided, under specified circumstances. The bill appears designed to protect people from prosecution when they help others access or use drugs, likely in contexts involving overdose prevention or harm reduction.

Why is this important

Drug overdose deaths remain a significant public health crisis, and harm reduction strategies—including naloxone administration and overdose response—have shown effectiveness in saving lives. This bill reflects a policy approach prioritizing emergency response and medical intervention over criminal penalties in certain drug-related situations.

Potential points of contention

  • Drug policy philosophy divide: Opponents may argue immunity provisions effectively decriminalize drug use and could enable drug activity, while supporters contend it prioritizes public health and prevents deaths from overdose
  • Scope and definition issues: The bill's language regarding which "aiders" qualify for immunity and under what specific circumstances could create enforcement ambiguity or unintended consequences
  • Deterrence concerns: Critics may worry that removing legal consequences reduces deterrence effects, while advocates counter that criminal prosecution hasn't effectively reduced addiction or drug use

Compiled from official sources — confirm details with the bill’s official record.

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