Are illegal drug OD patients typically arrested? Guess I assumed not, as it would cause folks to avoid getting help.
Also kind of file it under "things police are too busy to care about"
They certainly are not arrested at the ER or off the ambulance just for the drug use. The biggest impact of the fear of arrest is a group of usually teenagers who has someone OD and no one calls 911 because they are afraid of being arrested for drug use or possession.
Washington actually passed a law about this, but it is not well-known:
RCW 69.50.315
Medical assistance—Drug-related overdose—Prosecution for possession.
(1) A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the person seeking medical assistance.
(2) A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.
(3) The protection in this section from prosecution for possession crimes under RCW 69.50.4013 shall not be grounds for suppression of evidence in other criminal charges.