Does calling 911 protect you?

Sometimes, and only partly. Most states have overdose “Good Samaritan” laws, but most of them protect only against minor drug charges — not against charges for supplying the drugs, and not against a drug-induced homicide charge.

If someone is overdosing, call 911 anyway. A life comes first.

What Good Samaritan laws do

  • As of May 2023, 48 states and the District of Columbia had at least one overdose Good Samaritan law (Network for Public Health Law).
  • They typically protect the person who calls for help, and the person who overdosed, from arrest, charges or prosecution for possessing drugs or drug equipment (County Health Rankings & Roadmaps).
  • They vary widely: in which offenses they cover, and in whether the protection applies before an arrest or only later, before trial (U.S. Government Accountability Office).
  • They appear to save lives. The government’s review found a pattern of fewer opioid overdose deaths in states with these laws, and people were more likely to call 911 when they knew about them (U.S. Government Accountability Office).

What they usually do not cover

Most of these laws limit their protection to minor drug crimes. They do not extend to more serious drug crimes, and most do not protect against outstanding warrants (Network for Public Health Law).

So a person who called 911 can still be charged with supplying or sharing the drugs — and, if the person dies, with causing the death. These are state laws, so they do not stop federal prosecutors from bringing federal charges.

The laws change, and a few states have widened them. Check the law in your own state, or ask a lawyer.

Why calling still matters

Sources

  1. Legal Interventions to Reduce Overdose Mortality: Overdose Good Samaritan Laws, 50-state survey, as of May 1, 2023 (Network for Public Health Law)
  2. Drug Misuse: Most States Have Good Samaritan Laws and Research Indicates They May Have Positive Effects, GAO-21-248, 2021 (U.S. Government Accountability Office)
  3. Good Samaritan drug overdose laws (County Health Rankings & Roadmaps)
  4. FDA approves first over-the-counter naloxone nasal spray, March 29, 2023 (U.S. Food and Drug Administration)

More questions

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About this information

These pages give general information about the law. They are not legal advice, and they can’t tell you how any particular case will turn out — every case is different, and the law varies from state to state. Please speak to a lawyer about your own situation.