Good Samaritan overdose laws are meant to encourage people to call 911 when they witness a drug overdose. But the protections they offer aren't universal — they can vary significantly between jurisdictions, and not every state covers the same offenses. So what do these laws really mean for someone who needs to call 911?
The goal of Good Samaritan overdose laws is to protect bystanders from arrest and prosecution if they call emergency services to help someone experiencing an overdose. These laws arise from concern that fear of arrest can prevent bystanders from calling 911, delaying treatment and increasing the risk of death.
The CDC lists key opioid overdose warning signs as unconsciousness or inability to awaken, slow or shallow breathing or choking sounds, discolored skin especially lips or nails, and pinpoint pupils. The immediate steps are to administer naloxone if available, call 911, try to keep the person awake and breathing, and lay them on their side to prevent choking. Monitoring the person's status is crucial, so the CDC also recommends staying by their side until emergency personnel arrive.
When calling 911, SAMHSA (the Substance Abuse and Mental Health Services Administration) advises callers to say "someone is unresponsive and not breathing," and to follow the dispatcher's instructions. SAMHSA's Overdose Prevention and Response Toolkit explains that if a person experiencing an overdose is unconscious, it is important to call 911, along with taking additional steps, such as providing rescue breathing or using naloxone if available.
Legally, Good Samaritan overdose laws attempt to address the concern that a bystander could face arrest for drugs if they summon emergency personnel. However, a public health law summary notes that many states' overdose Good Samaritan provisions only provide limited, targeted immunity related to calling 911.
Additionally, Good Samaritan protections do not cover every possible offense.
Moreover, in some cases, a state Good Samaritan law may require a caller to stay on scene and cooperate with authorities as a condition of receiving protection.
Regardless of a state's specific protections, the most important thing anyone can do for an overdose is to call 911, because drug overdose can rapidly cause deep unconsciousness, breathing to stop, and vital signs to fade. Even if a person is using drugs, their life is worth saving.
After an overdose emergency has passed, SAMHSA's National Helpline, 1-800-662-HELP (4357), is available 24/7 for guidance on substance use treatment services and information on substance-use-related health issues.
When you suspect an overdose, call 911.
This guide is general health information, not medical or legal advice. Talk to a doctor or pharmacist about your situation. In an emergency call 911.
