It can take only seconds for “casual” drug use to turn deadly. When someone is suffering an overdose, getting emergency help can mean the difference between life and death. Unfortunately, people who are with the overdose victim too often flee the scene without reporting it for fear that they and the victim will end up in jail.
Not enough people know that California, like other states across the county, has a “Good Samaritan” law that provides immunity from certain drug-related charges if the possession or use is discovered only because someone called 911 or otherwise sought help for someone experiencing an overdose. The goal of these immunity laws is to encourage more people to call for help and ultimately save lives.
Some state laws are more generous than others. Let’s take a brief look California’s “911 Good Samaritan Law.”
What does California law say?
California law states that “it shall not be a crime for a person to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if that person, in good faith, seeks medical assistance for another person experiencing a drug-related overdose…”
The immunity extends to the person “who experiences a drug-related overdose and who is in need of medical assistance….” whether they seek help for themselves or someone else does. It can also extend to “one or more other persons at the scene of the overdose” who seek emergency help.
Under the law, seeking medical assistance “includes any communication made verbally, in writing, or in the form of data from a health-monitoring device, including, but not limited to, smart watches….”
It’s important to note that the law applies only to the drug-related charges specified in the statute. It doesn’t apply to more serious drug charges like trafficking or other criminal offense that officers might find evidence of, like stolen goods or illegal weapons.
Overdose scenes can be confusing and chaotic. The law can’t provide a guarantee that no one will ever be wrongly arrested or even charged. If that happens, getting experienced legal guidance as soon as possible can help people protect their rights.