Utica, NY (WIBX) - Oneida County District Attorney, Scott McNamara is dropping the drug possession charges against two Hamilton College students who were arrested earlier this week.

On Wednesday, Stephanie Bongiovi, 19, and Ian Grant, 21, were arrested for possession of heroin and marijuana, after Kirkland Police responded to the Dunham Dorm for an unresponsive woman who had allegedly overdosed.

But, according to subdivision 1 of a recently amended state penal law entitled, "Witness or victim of drug or alcohol overdose," any person "who, in good faith, seeks health care for someone who is experiencing a drug or alcohol overdose or other life threatening medical emergency cannot be prosecuted for the possession of heroin weighing less than 8 ounces..."

The second subdivision of the amended law also says the person suffering the overdose may also not be prosecuted.

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