Why Every State Needs Equal Good Samaritan Overdose Laws
In a country grappling with the devastating impact of the drug epidemic, Good Samaritan overdose laws have become a critical tool for saving lives. These laws protect individuals from arrest or prosecution for drug possession or use when they call for emergency help during an overdose. It’s a simple concept with profound implications: saving a life should never come at the cost of someone’s freedom. Yet, not every state has embraced this life-saving measure—and that needs to change.
Every day, people watch their friends or loved ones die because they’re too scared to call for help. Why? Because they’re afraid the police will show up and throw them in jail for drugs they had on them. That fear stops people from doing the right thing, and it’s costing lives. I have listened to countless stories from families who say their loved one died at the hands of their friends because they were afraid to call for help. How is this okay? We’re punishing people for trying to save someone’s life. The law should never make people hesitate to call 911 in an emergency.
What Are Good Samaritan Overdose Laws?
These laws are simple: if you call 911 during an overdose, you won’t get arrested for minor drug possession. That’s it. They don’t protect drug dealers or violent criminals—just the people trying to save a life.
Countless drug overdose deaths could be avoided if witnesses promptly called 911 and stayed with the individual until help arrived. Unfortunately, many people hesitate to seek emergency assistance during an overdose out of fear of legal repercussions for drug possession or use. Good Samaritan laws were designed to address this issue by offering protection from arrest, charges, or prosecution for minor drug-related offenses. These laws are intended to remove the fear of legal consequences and encourage people to act quickly in life-threatening situations. Most states have adopted Good Samaritan laws, and those that have often see reduced rates of opioid overdose deaths.
Why These Laws Work
Research indicates that fear of police response is a common barrier to calling 911 during overdoses (Banta-Green et al., 2013). Good Samaritan laws aim to reduce this fear, encouraging more emergency calls and timely medical intervention. Additionally, The Government Accountability Office (2021) found that states with Good Samaritan laws tend to have fewer opioid overdose deaths compared to before the laws were passed and compared to states that don’t have these laws at all.
Good Samaritan laws focus on saving lives by removing the fear of legal trouble when calling 911 during an overdose. These laws make it clear that getting help is always the right choice. However, not everyone knows these protections exist. A 2016 study found that less than half of young adults who misuse prescription opioids knew about their state’s Good Samaritan law. This shows how important it is to spread the word about these laws so people feel confident calling for help.
Good Samaritan laws are a big step in reducing overdose deaths, but they need to be paired with public education. People need to understand how these laws work and feel safe using them. Every moment matters during an overdose, and by increasing awareness, we can save more lives and make our communities safer.
The Good, the Bad, and the Gaps
As of now, 47 states and Washington, D.C. have some form of Good Samaritan overdose law. These laws typically provide immunity from minor drug charges, such as possession of drugs or paraphernalia, for the person calling 911 and sometimes for the person experiencing the overdose.
Unfortunately, not all Good Samaritan laws are created equal. Some states have strong protections, while others impose restrictions that limit their effectiveness. And three states—Arizona, Kansas, and Texas—don’t have Good Samaritan overdose laws at all, leaving witnesses to overdose events at greater risk of arrest if they seek help. Good Samaritan laws generally protect people from being arrested for small amounts of drugs, and in 39 states and Washington, D.C., this includes drug paraphernalia.
However, only 27 states and D.C. protect people on probation or parole, even though they’re often the most hesitant to call for help. Most states cover both the caller and the overdose victim, but in five states, the victim isn’t protected unless someone else calls for them (Legislative Analysis and Public Policy Association, 2024). Some states add extra rules, like requiring the caller to be the first to report the overdose or to administer naloxone. Unfortunately, six states limit how many times someone can use the law, and in 29 states and D.C., police can still use unrelated evidence from the scene to press other charges.
These special rules only hinder the lives they’re meant to save. These extra rules in Good Samaritan laws, like limiting the number of times someone can be protected, requiring the caller to be the first to report the overdose, or mandating treatment afterward, only make it harder for people to do the right thing in an emergency. They create unnecessary barriers and discourage people from calling 911 out of fear that they won’t meet the conditions for protection. For example, limiting protections to a certain number of uses is especially harmful—overdoses don’t stop happening just because someone needed help before.
States with Good Samaritan laws have seen overdose death rates drop by 15% or more (GAO, 2021).
Breaking Down Good Samaritan Laws: What Do They Protect?
1.) Protection from Drug Possession Charges: Most states with Good Samaritan laws offer some level of immunity from arrest, charge, or prosecution for possession of controlled substances when seeking medical assistance during an overdose.
Example: Let’s say you’re with a friend who overdoses, and you have a little bit of an illegal substance like heroin or cocaine in your pocket. Normally, you could be arrested for having it, but with Good Samaritan laws, you’re protected from being charged with possession as long as you’re calling for help. This does not cover large amounts that you would see being sold or trafficked.
2.) Protection from Drug Paraphernalia Charges: Drug paraphernalia includes items people use to take drugs, like needles, pipes, or small bags. If you have these items on you, Good Samaritan laws in most states protect people from being arrested or charged for having them.
Example: If you call 911 to save someone and have a syringe in your bag, the law can stop you from being charged just for carrying it.
3.) Protected If You’re on Probation or Parole: People on probation or parole have strict rules to follow, like avoiding drugs or certain situations. If you break these rules, you could go back to jail. Good Samaritan laws in some states protect people on probation or parole from getting in trouble if they call 911 during an overdose.
Example: If you’re on probation and call for help during an overdose, the law might stop you from being punished for having drugs in your system or being around them.
4. Protected as the Caller or Overdose Victim: Most Good Samaritan laws protect both the person making the call and the person overdosing. But: In some states, like Ohio and West Virgina, where the drug epidemic runs rampant, the overdose victim isn’t protected unless someone else calls for them, which makes it harder for people to get help.
