Substance guides

Good Samaritan laws for drug overdose: Know your protections

Published October 7, 2024 · 7 min read · Updated April 2026

Reviewed for accuracy by licensed clinical professionals.

Good Samaritan laws exist because people were dying while witnesses hesitated to call 911 out of fear of arrest for drug possession.

What they protect

Most state Good Samaritan laws protect the person who calls 911 AND the person experiencing the overdose from prosecution for simple drug possession and paraphernalia. They do NOT protect against trafficking, distribution, or outstanding warrants.

State variations

47 states plus DC have some form of overdose Good Samaritan law. Coverage varies: some protect only the caller, others protect both. Some require the caller to remain on scene. Some provide immunity from probation/parole violations.

Why it matters

Fear of legal consequences is the number one reason bystanders do not call 911 during overdoses. Every minute of delay increases the risk of death or permanent brain damage.

The bottom line

Call 911 for every overdose. Legal protection exists. A drug charge is survivable. Death is not.

Authoritative sources

This article references guidelines from: SAMHSA · NIDA · ASAM

Frequently asked questions

Will I get arrested for calling 911 for an overdose?

Most states protect you from drug possession charges. 47 states have some form of overdose Good Samaritan law.

Do Good Samaritan laws protect against all charges?

No. They typically protect against simple possession and paraphernalia, not trafficking, distribution, or outstanding warrants.

Does the overdose victim get protection too?

In many states, yes. Both the caller and the person experiencing the overdose receive legal protection.

Disclaimer: Informational only. Not medical advice. SAMHSA: 1-800-662-4357.