More than 800,000 people died of drug overdoses between 1999 and 2019 in the U.S., and the deaths have continued to mount since that time. In response to this crisis, most states have enacted Good Samaritan laws. A Good Samaritan law protects people from some kinds of possible criminal charges if they save a person who has overdosed on drugs by calling 911.
One of the goals of these laws is to reduce deaths from drug overdoses, so they are sometimes referred to as overdose prevention laws.
Reportedly, research studies have found that these laws are effective, and states who have Good Samaritan laws have lower rates of overdose deaths from opioids. So, a state’s Good Samaritan law can work as a drug overdose prevention program.
The Good Samaritan laws are laws that protect citizens who help people they believe to be injured or otherwise in danger. For example, a state’s Good Samaritan law provides people with the freedom to act without having to fear the other person might sue them for negligence.
The purpose of Good Samaritan laws is to encourage ordinary people to help someone in distress before first responders are able to arrive.
How Can Drug Overdoses Be Prevented?
Drug overdoses are preventable in a number of ways. Obviously, drug overdoses can be prevented if people do not use drugs.
Failing abstention from drug use, a person may be present with another person who suffers an overdose. If so, they should call for medical assistance as soon as they notice that the other person is in distress or at risk in any way. Healthcare professionals can treat drug overdoses and even save a person’s life if they can respond quickly enough.
What Is Drug Overdose Immunity?
Drug overdose immunity is the immunity a person may be offered by Good Samaritan laws. These laws provide that a person cannot be charged with some criminal drug offenses if they call 911 and report that someone in their presence is suffering a drug overdose and needs immediate medical attention. It is important to note that Good Samaritan laws do not protect a person from prosecution for all criminal offenses.
If it were not for the Good Samaritan law, a person might be:
- Prosecuted for drug use;
- Selling drugs to the overdose victim;
- Supplying the overdose victim with drugs;
- Other criminal offenses related to illegal drugs.
Again, Good Samaritan laws do not protect a person from all possible criminal charges if they call a first responder to the scene of a drug overdose. For example, in Maryland, the Good Samaritan law only protects a person from prosecution for 6 misdemeanor offenses. It also would protect a person from a finding that they violated a condition of their pretrial release, probation, or parole.
However, this is only true if the police obtain evidence of the violation because a person sought medical help to save another person’s life.
The law is meant for a person, regardless of their age, who experiences or observes a medical emergency caused by the use of alcohol or drugs to call for medical aid without fearing prosecution for the following:
The law does not protect people who are involved in a medical emergency if they do not help the person with the emergency.
In Maryland, the law protects a person from being arrested, charged, or prosecuted for six specific misdemeanors if the evidence of the crimes was obtained solely because the person sought medical assistance. Of course, this means that if law enforcement obtains the evidence in a different manner, a person could be prosecuted.
The 6 misdemeanors in Maryland are as follows:
- Possession of or administering a controlled dangerous substance:
- Possession of drug paraphernalia;
- Possession of controlled drug paraphernalia;
- Possession of alcohol by a minor;
- Obtaining alcohol for consumption by minors;
- Furnishing alcohol to minors; and
- Allowing minors to consume alcohol.
Maryland’s Good Samaritan law does not apply to drug felonies or other crimes not listed above. Additionally, it does not prevent law enforcement from conducting an investigation at the scene of an overdose and seizing evidence if they find it.
What Are Drug Abuse Crimes?
Drug abuse crimes are any criminal offenses that involve the manufacture, use, and distribution of an illegal drug, controlled substance, or intoxicant. Certain drug crimes are among the most serious types of criminal charges a person can face. Being convicted of a drug crime can result in major legal punishment.
Drug abuse crimes may also involve the improper or illegal use of a legal substance, such as a prescription drug, an over-the-counter drug, or other chemical substances.
What Are Some Examples of Drug Abuse Crimes?
The following are examples of drug abuse crimes:
- Possession of the following:
- Cocaine;
- Methamphetamines;
- Other substances listed on the federal Controlled Substances schedules;
- Possession of drug paraphernalia, e.g., pipes for consuming “crack” cocaine.
Drug manufacturing and distribution charges are typically in a different category than mere drug use or drug possession charges. In general, drug manufacture and distribution offenses are much more serious than drug use offenses.
However, possessing a large amount of a substance may lead to an automatic legal assumption that the person who possesses the drug intends to sell it. The punishment for drug crimes may include:
- The payment of criminal fines;
- A term of imprisonment in jail or a state or federal prison;
- Other consequences, such as:
How Do Good Samaritan Laws Work?
Good Samaritan laws do not only protect people involved in a situation involving a drug overdose who call from emergency response. Good Samaritan laws protect people from legal consequences when they think another person is injured and act to help them out or call for aid. Generally, a Good Samaritan law imposes a “duty to act” on people to prevent harm to another person or the public at large. A person should use any available remedy for this purpose.
For the purpose of most Good Samaritan laws, a person gives rise to a duty to act whenever they voluntarily insert themselves into a situation where a risk of harm arises. A medical professional may respond to a call in a movie theater for a doctor to assist with someone in physical distress. In that case, the medical professional has a duty to act to see their remedy through to the end.
The Good Samaritan Law is a law that protects civilians who help people they believe to be injured or otherwise in danger of harm. For example, the Good Samaritan laws provide people with the ability to act without fearing that the other person might sue them. The purpose of Good Samaritan laws is to encourage ordinary people to help someone in distress before first responders can arrive.
What Are the Types of Good Samaritan Laws?
There are two main categories of Good Samaritan laws. One category encourages a person to call for emergency medical aid when an individual is experiencing a drug overdose. Neither the person calling for assistance nor the person who is overdosing would face criminal charges related to the drug use.
The second category of Good Samaritan law provides low-level civil or criminal immunity for any person involved with the opiate antidote naloxone. Naloxone is a product that is used to reverse the effects of a drug overdose. A person is immune from issues associated with using naloxone, including:
- Prescription drug overdose;
- Possession of the substance; and
- Emergency administration.
Is Calling for Medical Aid for a Drug Overdose a Get-Out-of-Jail-Free Card?
Seeking medical assistance for a person who suffers a drug overdose is not a get-out-of-jail-free card. Many states attempt to reduce concerns regarding drug immunity laws by restricting who may receive immunity under their law. For example, a court may examine an individual’s criminal history to determine whether or not they should receive immunity from criminal charges.
If a person has prior convictions on their record, they may not be eligible for protection under a state’s Good Samaritan law.
Do I Need the Help of a Lawyer for My Overdose Immunity Issue?
It is important to seek the assistance of an experienced drug lawyer regarding overdose immunity laws. If you do the right thing and save someone else’s life by calling for medical assistance when they are overdosing, you may have the right not to be punished.
LegalMatch.com can quickly connect you to an attorney who will review your case and determine if it is possible to get your charges reduced or even dropped. They can also represent you any time you have to appear in court. Your attorney may also be able to seek alternative sentencing options.
