If you’re using drugs with someone who appears to suffer an overdose, your first instinct is likely to get help for them. Unfortunately, some people’s first instinct is to get as far away as possible. Even if they then call for help, these minutes can mean the difference between life and death for the person who’s overdosing.
In an effort to curb the number of fatal overdoses, states across the country have enacted some type of “Good Samaritan” law that provides “limited immunity” to those who get emergency help for an overdose victim (including themselves). That means the law protects them from facing criminal charges for their drug possession and use that’s discovered at the scene.
What does state law say?
Every state’s law is different, and some are more comprehensive than others. Let’s take a brief look at how North Carolina’s law works.
The law states that a person who gets emergency help (for example, by calling 911) for someone they reasonably believe is suffering an overdose, they won’t be arrested or charged for having a small amount of drugs and/or drug paraphernalia (basically, enough for personal use) if they are found only because law enforcement responded as the result of the call for help. Further, if drug possession and use violate any conditions imposed on them by the court (for example, parole or probation violations), they won’t be penalized.
The call for help must be made “in good faith.” That means someone is getting emergency help because they believe it’s needed. Pointing out to police that someone is overdosing while they’re being searched or arrested typically wouldn’t apply. Further, someone must have a “reasonable belief” that they’re the first one to call for help and provide their real name to authorities.
The overdose victims qualify for the same immunity, whether they seek emergency help for themselves or someone else gets help for them. This is important, because too often, people are afraid to seek help for themselves or a friend or family member out of fear of the criminal consequences.
Since the law doesn’t always work perfectly, it’s possible for those given immunity under the law to be arrested because it’s not clear at the scene what happened. That’s just one reason why if you believe you’ve been wrongly arrested or charged, it’s smart to get legal guidance as soon as possible.
