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911 Good Samaritan Drug Overdose Laws

(and Drug Induced Homicide Laws)

To combat the rising death toll from drug overdoses, 47 state legislatures and the District of Columbia have passed Good Samaritan Fatal Overdose Prevention Laws (Specifically named 911 Good Samaritan Law or Good Samaritan Drug Overdose Laws, not to be confused with the basic “Good Samaritan Law”[1]) to protect bystanders (and people who use drugs) from criminal prosecution if they call for medical assistance during a drug overdose.

  1. Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death.

 
 

Understanding State by State Protections

 

However, not all Good Samaritan Fatal Overdose Prevention Laws are created equal. Misunderstandings of these laws (when they exist at all), still lead to prosecution or other harms. For example, 30 states, the District of Columbia, Guam, and the U.S. Virgin Islands have an express DIH/DDRD law that could be used to charge someone who delivers a drug that results in an accidental overdose death. The classification of the DIH/DDRD offense varies by state, with examples including manslaughter, classified felony, reckless homicide, and murder. In two states (Colorado and Wyoming), the DIH/DDRD law is limited to the death of a person under the age of 18.

 
 

Responding to an Overdose

It is best to have a solid understanding of these laws in your specific state as the protections vary so broadly, if protections exist at all. When calling for EMS an essential step for preventing fatal overdose is to get someone with medical expertise to see the person as soon as possible. According to the SAMHSA Opioid Overdose Prevention Toolkit, if no emergency medical services (EMS) or other trained personnel is on the scene, activate the 911 emergency system immediately. All you have to say is “Someone is unresponsive and not breathing.” Be sure to give a specific address and/or description of your location.

 
 

How to Call 911 Without Involving Law Enforcement

Saying that someone is “unresponsive and not breathing” vs saying someone “is overdosing” is more likely to signal to the dispatcher that this is a medical emergency that should be prioritized and to send only EMS and not law enforcement. Since dispatchers only have the word of the caller to go on, they tend to err on the side of caution. Typically, this means that mention of drugs or overdose, even offhand, will summon the police alongside EMS.

 

Need Supplies or Resources?

NEXT offers mail-based harm reduction supplies and downloadable informational materials

 
 
 
 

Resources

 

Drug overdose is a nationwide epidemic. Opioids, either alone or in combination with other drugs or alcohol, are responsible for the majority of these deaths. Opioid overdose is reversible through the timely administration of the medication naloxone. Overdose Good Samaritan laws can offer immunity from legal prosecution to those who seek emergency help for someone overdosing and are associated with an approximate 15 percent reduction in overdose deaths.

This resource provides information on Good Samaritan laws in each of the states where they exist.

 
 

Summary of State Laws legislative Analysis and Public Policy Association

 
 

In many cases, it is family members or close friends who are charged with DIH, not high-level traffickers.

 
 

Five Essential Steps for First Responders

 

They bought $30 worth of fentanyl before making it into rehab. One overdosed. The other was charged in his death.

 
 

You’re partying with someone and things suddenly take a turn. It’s unclear if they’re experiencing an overdose, but something isn’t right. You want to call for help but hesitate because illegal substances are involved.

What if you or the other person get arrested, or worse?