Even a few minutes can make a difference between life and death when someone suffers a drug overdose. That’s why overdose-reversal drugs like Narcan have become increasingly easy for people to access. It’s also why states throughout the country have enacted laws that help people feel safe calling 911 or otherwise getting emergency help, even if it means their own illegal use of drugs may be discovered.
Each state’s law is different. Some provide more protection to more people than others. Let’s look at California’s law, which is often referred to as the 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….” if someone gets help for them or they call for help for themselves.
The immunity applies as long as the person seeking help “does not obstruct medical or law enforcement personnel” and seeks help “in good faith.” That means they don’t have an ulterior motive, like trying to avoid an imminent arrest if police are already on the scene.
It’s important to note that the law applies only to the drug-related charges detailed. It doesn’t apply to more serious drug charges like trafficking or to any other criminal offense that officers might find evidence of at the scene, like stolen goods, illegal weapons or violent crimes.
The law provides an important protection from drug-related charges for those who act to save a life. However, it doesn’t always work perfectly. If someone believes they’ve been wrongly arrested and charged, it’s important to get legal representation as soon as possible.
