Anyone who’s ever watched a procedural cop drama or medical show knows that if you turn up in an emergency room with a gunshot or stab wound, the doctors are required to call the police. The same is true if someone appears to have been deliberately poisoned, or if there are any other signs of criminal violence. You might have wondered what the protocol is for a drug overdose. Some people avoid seeking medical help because they’re afraid they’ll be sent to prison, and this leads to a lot of unnecessary deaths. Like having a stroke or heart attack, the faster you receive help after an overdose, the more likely you are to survive.
The truth is that in most cases, you – the person who overdosed – aren’t going to get into trouble. Of course, being in possession of illegal drugs is a crime, and theoretically, a doctor could report you if they find drugs on you, but this is highly unlikely. Doctors are concerned with saving lives, and they know that people are far less likely to ask for help if physicians start turning them in.
If you’ve witnessed someone overdosing, you might likewise be concerned that if you call for help and are found at the scene, you might be arrested for drug possession. As of 2017, 40 states and the District of Columbia have some form of a Good Samaritan or 911 drug immunity law on the books. These laws exempt people from a conviction for minor drug charges such as possession or being under the influence. Eighteen states provide immunity for what violations of what is called supervision status, meaning parole, probation, or conditional release. In most states, you are not protected from charges related to the sale or trafficking of drugs.
Some states have conditions on the reach of Good Samaritan laws. People who summon help may be required to stay on scene and cooperate with police, including providing your name. Another possible condition is that only the person who actually called for help qualifies for immunity – any other bystanders may be fair game for arrest. Some states require the witness to undergo drug testing. In Ohio, the caller must be screened for drugs and receive a referral for treatment within 30 days. There may also be a limit to the number of times you can claim this immunity. North Dakota only allows it once, and Ohio two times.
Things get a little dicey if you were the one who provided the drugs, however. Immunity covers mostly minor offenses, but that doesn’t mean you can’t be arrested for something more serious. In 2016, a man in Florida named Williams called police when his friend overdosed on fentanyl. That friend ended up dying as a result of the overdose. It eventually came to light that Williams and one other person went along with the person who overdosed when she procured the drug. Both of them were charged with manslaughter. The man who sold them the drugs was charged with murder.
If you or a loved one need help with quitting drugs or alcohol, consider Asana Recovery. We offer medical detox, along with both residential and outpatient programs, and you’ll be supervised by a highly trained staff of medical professionals, counselors, and therapists. Call us any time at (949) 438-4504.
