911 Make the Call

According to Ala. Code § 20-2-281 (under Title 20, Ch. 2, Article 13), any person who seeks medical assistance on behalf of someone who is experiencing an overdose is immune from being prosecuted for underage drinking or a misdemeanor controlled substance offense.

According to Alaska Stat. § 11.71.311, any person who seeks medical assistance for themselves or someone else in the event of a potential overdose is protected from being prosecuted for the misconduct of controlled substances in third, fourth, fifth, or sixth degree.

**for more clarity, please reference the bill text.

According to Ariz. Rev. Stat. Sec. 13-3423(A)(B), any person who seeks (for themselves or someone else) or obtains medical assistance in the case of a potential drug overdose is immune from being charged or prosecuted for the use or possession of controlled substances and drug paraphernalia. 

According to A.C.A. § 20-13-1704, also referred to as the Joshua Ashley-Pauley Act, any person that seeks medical help for themselves or someone else in the case of a potential overdose is protected from being arrested, charged, or prosecuted for the possession of controlled substances. Additionally, such a person shall not be punished for violating their parole, restraining order, probation, or pretrial release as long as the violation only occurred during the process of seeking medical assistance for the potential overdoser. 

According to Cal. Health & Safety Code § 11376.5, it shall not be a crime for any person who seeks (for themselves or someone else) or obtains medical assistance regarding a drug-related overdose to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia.

Additionally, CA SB 1011 provides immunity from prosecution for underage drinking (possession of consumption) when seeking medical assistance for another person or themselves who is suffering from alcohol overdose, as long as they are the first to call.  

C.R.S. 18-1-711 states that any person who seeks (for themselves or someone else) or obtains medical assistance in the event of an overdose is immune from being arrested or prosecuted for possessing controlled substances or drug paraphernalia, using controlled substances, possessing, consuming, or transferring less than two oz of marijuana, drinking under the age of 21, or illegally distributing less than four grams of certain drugs.

According to Conn. Gen. Stat. § 21a-279(d) and Conn. Gen. Stat. § 21a-267(d), any person who seeks (for themselves or someone else) or obtains medical assistance regarding a potential drug or alcohol overdose shall not be penalized for possessing controlled substances or possessing or delivering drug paraphernalia.

According to Del. Code. tit. 16, § 4769(b), a person who seeks (for themselves or someone else) or obtains medical assistance regarding an overdose or any other life threatening emergency is granted immunity from being arrested, charged, or prosecuted for illegal possession of non controlled prescription drugs, controlled substances, drug paraphernalia, or marijuana, as well as underage drinking and some other class C-F drug felonies.

According to D.C. Code § 7-403., any person who seeks (for themselves or someone else) or obtains medical assistance regarding a drug or alcohol-related overdose, as well as bystanders at the site of the overdose, shall not be arrested, charged, or prosecuted for the possession of controlled substances, possession of drug paraphernalia, or underage drinking.

According to Fla. Stat. § 893.21, any person who seeks or obtains medical attention regarding an overdose shall not be arrested, charged, prosecuted, or penalized for the use or possession of drug paraphernalia, the possession of a controlled substance, or the possession of 20g or less of cannabis. Additionally, a person that violates a condition of a pretrial release, probation, or parole in order to seek medical assistance for someone experiencing an overdose will not be penalized.

According to Ga. Code § 16-13-5, any person who seeks or obtains medical assistance regarding a potential overdose is immune from being arrested, charged, or prosecuted for a drug violation and shall not be penalized for violating a condition of protective order, restraining order, pretrial release, probation, or parole as long as the only violation occurred as a result of seeking medical attention.

According to Haw. Rev. Stat. § 329-43.6, any person who seeks (for themselves or another person) or obtains medical assistance in the event of a potential drug or alcohol overdose shall not be arrested, charged, prosecuted, convicted, or otherwise penalized for possessing controlled substances or drug paraphernalia as well as violating a conditions of their restraining order, probation, or parole.

According to Idaho Code § 37-2739C, any person that seeks (for themselves or someone else) or obtains medical assistance for a drug-related medical emergency is immune from being charged or prosecuted for the use or possession of controlled substances or drug paraphernalia.

According to 720 Ill. Comp. Stat. 570/414, any person that seeks (for themselves or someone else) or obtains medical assistance regarding a controlled substance related medical emergency shall not be arrested, charged, or prosecuted for possessing, manufacturing, or delivering a controlled substances, possessing drug paraphernalia, delivering or possessing a substance containing methamphetamine, contributing to drug-induced homicide, or causing drug-related harm to a unborn child, as long as the amount of substance recovered is within the legal guidelines.

**the legal guidelines for the maximum amounts of each substance are specified in 720 Ill. Comp. Stat. 570/414

According to Aaron’s Law & Overdose Good Samaritan Law in Indiana, an individual who seeks medical assistance for someone who is overdosing is protected from civil liability being charged for the possession of certain drugs (cocaine, meth, marihuana, synthetic drug lookalikes, controlled substances) and drug paraphernalia. This immunity only applies if they have already administered Naloxone to person experiencing the potential overdose and called 911. 

Legislators in Indiana are in the process of drafting a less restrictive “Good Samaritan Emergency Response Act”, but it has not been officially passed as of June 2024.

According to Iowa Code § 124.418, any evidence acquired from a person who seeks (for themselves or someone else) or obtains medical assistance regarding a potential controlled substance related overdose shall not be considered as evidence for their possession of a controlled substance, delivery of the controlled substance without profit, promotion of gatherings where controlled substances are unlawfully used, or illegal involvement with drug paraphernalia. Additionally, the condition of a person’s retail release, probation, supervised release, or parole will not change solely as a result of any evidence obtained from seeking medical assistance.

**the law suggests that any given individual may only be able to take advantage of these protective measures once

According to SB 419, a person who seeks (for themselves or someone else) or obtains medical assistance in the case of a potential overdose is immune from the criminal prosecution for the possession of drugs and drug paraphernalia as long as they initiated contact with law enforcement officers.

According to Ky. Rev. Stat. § 218A.133 , any person that seeks (for themselves or someone else), obtains, or works in concert with another person that requests medical assistance for a potential controlled substance related overdose shall not be charged or prosecuted for the possession of controlled substances or drug paraphernalia.

According to La. Rev. Stat. § 14:403.10, any person that seeks (for themselves or someone else) or obtains medical assistance for someone experiencing a drug-related overdose shall not be charged, prosecuted, or penalized for the possession or use of controlled substances or the possession of drug paraphernalia. They also will not be penalized for violations of a condition of pretrial release, probation, or parole as long as the only evidence of violation was during the time that medical help was called and not be subject to civil forfeiture of property related to the incident that required medical assistance.

According to Me. Rev. Stat. tit. 17-A, § 1111-B, any person who seeks (for themselves or another person) or obtains medical assistance in the case of a potential drug overdose, as well as any person that is helping at the site of a suspected drug overdose, are immune from arrest, prosecution, or revocation/termination proceedings (under certain circumstances that are detailed in the law text) for certain legal violations including drug, alcohol, and marijuana related crimes.

According to Md. Code, Crim. Proc. § 1-210(b)(c), any person who helps to provide medical assistance for a suspected alcohol or drug overdose as well as the person experiencing the overdose is immune from criminal arrest, charge, or prosecution for possessing or administering controlled substances or drug paraphernalia, promoting or advertising drug dealing, drinking or possessing alcohol under the age of 21, or supplying alcohol to someone under the age of 21.

According to Mass. Gen. Laws ch. 94C, § 34A(a)(b), any person who seeks (for themselves or another person) or obtains medical assistance regarding a drug-related overdose shall not be charged or prosecuted for the possession of controlled substances and violations of a condition of probation, pretrial release, or parole (as determined by court or the parole board) as long as the only evidence of violation was obtained as a result of seeking medical assistance.

According to Mich. Comp. Laws § 333.7403(3)(a)(b) , any person who seeks (for themselves or another person) or obtains medical assistance regarding a suspected controlled substance or controlled substance analog related overdose shall not be prosecuted for the possession of controlled substances, controlled substance analog, or unofficially obtained prescription drugs as long as the amount of controlled substance in possession was only enough for individual use.

According to Minn. Stat. § 604A.05(Subd. 1, 2), any person who seeks (for themselves or another person) or obtains medical assistance regarding a drug-related overdose will not be charged or prosecuted for possessing, sharing, or using a controlled substance or the possession of drug paraphernalia, as long as they were the first to call and report the overdose. Additionally, a person’s pretrial release, probation, furlough, supervised release or parole will not be revoked in such an incident.

According to Miss. Code Ann. § 41-29-149.1, any person that seeks (for themselves or another person) or obtains medical assistance for a drug-related overdose shall not be arrested, charged, or prosecuted for certain drug violations including possessing small amounts of certain substances (amounts specified in subsection (2)(b)), being under the influence, or possessing drug paraphernalia. Such a person will also not be subject to penalties for drug violations of protective order, restraining order, pretrial release, probation, or parole.

According to Mo. Rev. Stat. § 195.205, any person that seeks (for themselves or another person) or obtains medical assistance in the event of a drug or alcohol related overdose will not be arrested, charged, or prosecuted for possessing controlled substances, drug paraphernalia, imitation controlled substances, keeping or maintaining a public nuisance used for illegal activity relating to drugs, selling alcohol to a minor, misrepresenting their age in order to obtain liquor while under that age of 21, or possessing alcohol underage. In addition, a person who seeks or obtains medical assistance in this instance will not be penalized for violating a condition of their restraining order, probation, or parole, nor have their property seized, as long as the only evidence of violation was acquired during their efforts to get medical help.

According to Mont. Code § 50-32-609, any person who seeks (for themselves or another) or obtains medical assistance in the event of a potential drug-related overdose is protected from being arrested, charged, and prosecuted for possessing dangerous drugs, precursors to dangerous drugs, or drug paraphernalia. Additionally, a person’s pretrial release, probation, furlough, supervised release, or parole may not be revoked based on such an incident.

According to Neb. Rev. Stat. § 28-472., any person who seeks (for themselves or another person) or obtains medical help in response to a drug-related overdose are immune from criminal liability for the unlawful use or possession of drug paraphernalia and the possession of controlled substances. 

According to Nev. Rev. Stat. § 453C.150, any person who seeks (or assists in seeking or providing medical help before medical professionals arrive) or obtains medical assistance for a drug or alcohol-related overdose or other medical emergency shall not be arrested, charged, prosecuted, or have his or her property subject to forfeiture for the illegal possession of drug paraphernalia, use of controlled substances, and possession of controlled substances for personal use. This legal protection also extends to violations of restraining orders, or conditions of parole or probation that occurred in the process of aiding the person experiencing the overdose. 

According to N.H. Rev. Stat. § 318-B:28-b, any person who seeks (for themselves or another person) or obtains medical assistance in the event of a potential drug overdose shall not be arrested or prosecuted for possessing or being under the influence of a controlled substance at the time medical assistance is requested.

According to N.J. Stat. § 2C:35-30, any person who seeks (for themselves or another person) or obtains medical assistance in the case of a drug overdose shall not be arrested, charged, or prosecuted for the possession or use of controlled substances or drug paraphernalia. Additionally, they shall not be subject to revocation of parole or probation as long as the only evidence of any legal violation came from the act of requesting medical assistance.

According to N.M. Stat. § 30-31-27.1, any person who seeks (for themselves or another) or obtains medical assistance in the event of an alcohol or drug related overdose shall not be arrested, charged, prosecuted, penalized, or have their property subject to forfeiture for the possession of controlled substances or drug paraphernalia as well as the violation of conditions of their restraining order, probation, or parole.  

According to N.Y. Penal Law § 220.78, any person who seeks (for themselves or another person) or obtains medical assistance regarding a potential drug or alcohol overdose shall not be charged or prosecuted for sharing drugs or possessing controlled substances (must be under 8 oz otherwise you are suspected of having the intention of selling), alcohol (even if under the age of 21), marijuana, or drug paraphernalia.

According to N.C. Gen. Stat. § 90-96.2, any person who seeks (for themselves or another person in need) or obtains medical assistance in the event of a controlled substance related overdose shall not be prosecuted for misdemeanor violations involving the possession of controlled substances (maximum amount of the substance in possession for the immunity to apply is specified in the law text) or the possession of drug paraphernalia. Additionally a person in this particular situation shall not be subject to arrest or revocation of pretrial release, parole, or post-release. The law also states that the caller must have reasonable belief that he or she was the first to call and report the overdose. 

According to N.D. Cent. Code § 19-03.1-23.4., any person who seeks (for themselves or someone else in need) or obtains medical assistance in the event of a potential drug-related overdose shall not be charged or prosecuted for the inhalation of volatile chemical vapors, ingestion or possession of controlled substances or controlled substance analogs, or possession of drug paraphernalia.

According to Ohio Rev. Code § 2925.11(B)(2)(b), any person who seeks (for themselves or someone else in need) or obtains medical assistance regarding a drug overdose shall not be arrested, charged, or prosecuted for obtaining, possessing, or using controlled substances, controlled substance analogs, drug abuse instruments, or drug paraphernalia.

**This law specifies that anyone that benefited from this immunity must obtain a screening and receive a referral for treatment from community addiction services within 30 days of the overdose incident

According to Okla. Stat. tit. 63, § 2-413.1(pg.868), anyone that seeks medical assistance for another person that is believed to be experiencing a drug overdose shall not be prosecuted for the possession of certain controlled substances (maximum amounts of the substances in possession for the immunity to apply are specified in the law text) and the possession of drug paraphernalia.

According to Or. Rev. Stat. § 475.898(pg.39), any person who seeks (for themselves or another person in need) or obtains medical assistance for a drug-related overdose is immune from being arrested or charged for the possession of drug paraphernalia or controlled substances intended for personal use.

According to 35 PA. Cons. Stat. § 780-113.7, a person who seeks (for themselves or another person in need) or obtains medical help regarding a potential drug-related overdose shall not be charged or prosecuted for possessing counterfeit substances, purchasing a controlled substance, distributing small amounts of marijuana, using, possessing, or delivering drug paraphernalia, and unlawfully using prescription drugs. Additionally, such people are immune from charge and prosecution for any violations of their probation or parole as long as the only evidence of violation was found through the act of seeking medical attention.

According to R.I. Gen. Laws § 21-28.9-4., any person that seeks (for themselves or another person in need) or obtains medical assistance regarding a drug or alcohol related overdose or medical emergency is immune from being charged or prosecuted for the possession of controlled substances or drug paraphernalia, the operation of drug-involved premises, or any violation of probation or parole that occurred in an effort to request medical help for the person experiencing the overdose.

According to S.C. Code § 44-53-1920, any person who seeks (for themselves or another person in need) or obtains medical assistance regarding a drug or alcohol-related overdose is immune from prosecution for possessing limited amounts (amounts specified in the legal texts) of controlled substances, having sold or delivered drug paraphernalia to the person that is experiencing the overdose, possessing or consuming alcoholic beverages as an underage person, or contributing to the delinquency of a minor.

According to S.D. Codified Laws § 34-20A-110, any person who seeks medical assistance for another person who is experiencing a drug-related overdose is immune from being arrested or prosecuted for the possession, inhalation, or ingestion of any controlled substance.

According to TCA Section 63-1-156, any person that seeks (for themselves or another person in need) or obtains medical assistance regarding a drug-related overdose is immune from being arrested, charged, or prosecuted for drug violations.

According to TX Health & Safety Code § 481.001(aka. Jessica Sosa Act), any person that seeks (for themselves or another person in need) or obtains medical assistance regarding a potential overdose is defended from being prosecuted for the possession of small amounts of controlled substances, marijuana, dangerous drugs and volatile chemicals, as well as the possession of drug paraphernalia as long as they are the first to seek help for the overdose, they don’t have a previous felony conviction on their record, they haven’t sought emergency help for a different overdose in the past 18 months, and the police aren’t already at the scene.

According to UC 58-37-8.16, any person that seeks (for themselves or another person in need), helps to seek, or obtains medical assistance regarding an overdose has an affirmed defense against being prosecuted for the possession or use of less than 16 oz of marijuana, the possession of, use of, or intent to deliver controlled substances, or the possession or delivery of drug paraphernalia, as long as they are the first to call and report the overdose.

According to 18 V.S.A. § 4254, anyone who seeks (for themselves or someone else in need) or obtains medical assistance for a drug-related overdose shall not be arrested or prosecuted for underage drinking, providing alcohol to an underage person, possessing controlled substances, and violating a condition of their parole, pretrial release, probation, furlough, or protective order at the time that medical help was requested.

According to VA Code § 18.2-251.03, any person who seeks (for themselves or another person in need) or obtains medical assistance regarding a drug or alcohol-related overdose or provides emergency care to the person experiencing the overdose (including CPR and administer naloxone) shall not be arrested or prosecuted for unlawful possession, purchase, or consumption of alcohol, controlled substances, or marijuana, as well as the possession of drug paraphernalia.

According to RCW 69.50.315, any person that seeks (for themselves or someone else in need) or obtains medical assistance for a drug-related overdose is immune from being charged or prosecuted for the possession of controlled substances.

According to WV Code §16-47-4, any person that seeks medical assistance on behalf of someone who is experiencing a drug or alcohol-related overdose is immune from being prosecuted for underage drinking or the possession of controlled substances.

According to Wis. Stat. 961.443, any person that brings another person to the emergency room regarding a drug-related overdose or seeks medical assistance for someone experiencing a drug-related overdose is immune from prosecution for the possession of drug paraphernalia, controlled substances, or controlled substance analogs. 

There is no form of a Good Samaritan Overdose Law in Wyoming as of July 2024.