When deputies encounter a person seeking addiction treatment who wishes to dispose of controlled substances and/or paraphernalia, can they be arrested?

• A. Yes, they can be arrested.
• B. Only if they refuse treatment.
• C. The deputy shall not arrest the person for possession of a controlled substance or paraphernalia.
• D. They will be referred to counseling.

Answer: (C)

When someone is seeking addiction treatment and disposing of controlled substances or paraphernalia, the emphasis is on linking them to help rather than arresting them. The idea is to remove the fear of punishment in a moment where the person is trying to get clean and do the right thing by surrendering what they have. Therefore, the deputy should not arrest the person for possession of a controlled substance or paraphernalia in this context. This protective stance supports treatment access and reduces barriers to seeking help. It doesn’t preclude arrest for other crimes that might be discovered during the encounter, but possession tied to the disposal action for treatment should not be used as a basis for arrest.