Good Samaritan Laws: What’s Covered Under Good Samaritan Laws?
Many people have found themselves in situations where they want to help someone in need but worry about getting into legal trouble. Good Samaritan laws were created to protect those who step in to help during emergencies. This blog will explain what Good Samaritan laws are, how they work, and what protections they offer, particularly in the context of drug- and alcohol-related emergencies. It will also explore how these laws vary by state and why they play a crucial role in encouraging people to seek help during an overdose.
What Are Good Samaritan Laws?
Good Samaritan laws are legal protections designed to encourage people to assist others in emergencies without fear of legal consequences.1 In the case of drug overdoses, Good Samaritan laws aim to reduce the fear of arrest for individuals who call 911 or provide emergency aid. While the intent behind Good Samaritan laws is consistent nationwide, the specific protections and conditions they offer can vary significantly from one state to another.2
What’s Covered Under Good Samaritan Laws?
What do Good Samaritan laws cover? While Good Samaritan laws vary by state, many share common protections that help ease the fear of getting into legal trouble when trying to assist someone during a health crisis. In the case of a drug overdose, these laws typically protect individuals from prosecution for minor offenses when they seek help during an emergency.
Protection From Drug Possession Charges
In many states, individuals experiencing an overdose are protected from certain drug possession charges if they seek medical help in good faith. To qualify for protection under Good Samaritan drug laws, the individual must typically cooperate with emergency personnel.
Protection for the Caller (Bystander/Helper)
Legal protections often extend to the person who calls 911 to help someone overdosing. To ensure these protections apply, the caller may need to remain at the scene and cooperate with first responders. Good Samaritan laws generally allow you to assist in good faith, whether that means administering CPR, giving naloxone (e.g., Narcan, Kloxxado, RiVive), or providing basic first aid. Always call 911 immediately and follow the operator’s instructions until medical help arrives.
Civil Liability Protection
Some states also include civil liability protections under their Good Samaritan laws. This means you may be shielded from lawsuits if you unintentionally cause harm while trying to help someone in an emergency, as long as your actions weren’t grossly negligent or reckless.
Alcohol-Related Emergencies
In most states, Good Samaritan protections also apply to alcohol-related emergencies, particularly for minors. People who call 911, stay at the scene, and cooperate with first responders when seeking help for themselves or others are often protected from charges like underage drinking, possession of alcohol, public intoxication, and other minor alcohol-related offenses.
Requirements for Good Samaritan Protections
Good Samaritan protections aren’t always automatic. To be covered under these laws, you’ll typically need to meet certain requirements.3 As mentioned, the specifics vary from state to state, so it’s important to understand how Good Samaritan protections apply in your area.
The Incident Must Be a Genuine Emergency
Good Samaritan protections only apply during true emergencies, such as a suspected drug overdose. Opioids, especially synthetic opioids like fentanyl, are the most commonly involved substances in fatal overdoses. In recent years, deaths involving multiple substances (known as polysubstance use) have also increased significantly, often involving combinations of opioids, alcohol, benzodiazepines, or stimulants like cocaine and methamphetamine.
Overdose symptoms can vary depending on the drug and other factors, such as how much, how it was taken (e.g., ingesting, inhaling, or intravenously), and whether a person took other substances at the same time.
If you suspect an opioid-involved overdose and have naloxone (e.g., Narcan, Kloxxado, RiVive) available, administer it and call 911, since the medication can wear off before the opioids have fully cleared from the body, causing symptoms to return.
Signs of an opioid overdose may include:
- Small pupils.
- Loss of consciousness.
- Slow, shallow breathing.
- Vomiting.
- Choking or gurgling sounds.
- Limp body.
- Cold, pale skin.
- Purple fingernails and lips.
Caller Must Be Acting in Good Faith
To qualify for Good Samaritan protections, your actions must be voluntary and in good faith. If you offered reasonable assistance, such as administering naloxone (e.g., Narcan, Kloxxado, RiVive), CPR, or controlling bleeding, without being reckless or expecting compensation, you’re generally protected under Good Samaritan drug laws.
Limited to Certain Crimes
Good Samaritan protections typically apply only to minor, situational offenses, like drug possession for personal use. They usually do not cover more serious crimes, such as drug trafficking or possession with intent to distribute.
Can you get in trouble for drugs in a state with Good Samaritan laws? It depends on the nature of the offense. For example, if your friend is overdosing and you call 911, you may be protected from being charged with drug possession. However, if you illegally possess a firearm, you could still face weapons charges. These laws are designed to protect individuals from prosecution related to the emergency, not from unrelated or more serious criminal activity.
Cooperation with Authorities
Remaining at the scene and cooperating with law enforcement and medical personnel is often a requirement for legal protection. Be honest about what happened and provide any helpful information, such as what substances were used and how much was taken. You should also ask law enforcement or medical staff whether it’s okay to leave the scene once help has arrived.
How Good Samaritan Laws Vary by State
While the core purpose of Good Samaritan laws is consistent from one state to another, specific protections and requirements can vary. For example, Kansas, Texas, and Wyoming have Naloxone Access laws that protect people who administer naloxone (e.g., Narcan, Kloxxado, RiVive) to people who have overdosed, but do not have Good Samaritan laws for drug overdoses.4 It’s a good idea to research your state’s Good Samaritan laws to help you understand the best way you can help in an emergency, while protecting yourself.
Click here to explore the specifics of your state’s Good Samaritan law.
Helping Someone Get Addiction Treatment
American Addiction Centers (AAC) is here to support individuals and families affected by addiction. If you or someone you love is struggling with a substance use disorder (SUD), our compassionate professionals are ready to help. We offer a full continuum of care, including:
- Medical detox.
- Inpatient drug and alcohol rehab.
- Outpatient rehab (including partial hospitalization programs and intensive outpatient programs).
- Sober living.
- Aftercare.
Reach out today at to speak with an admissions navigator, verify your insurance coverage, and learn more about helping yourself or a loved one begin recovery.