Good Samaritan Laws for Overdose 2026
Overdose Good Samaritan Laws are state-level protections that (one or more of):
Prohibit arrest
Prohibit charges
Prohibit prosecution
for possession of illicit drugs for personal use at the scene of an overdose when you call 911 for life-sustaining medical assistance.
SCROLL TO YOUR STATE’S LAW BELOW
To be protected under Overdose Good Samaritan Laws you must:
⭐️ Call 911 immediately to report a “medical emergency” for the overdose.
⭐️ Stay on-scene with the overdose victim until help arrives.
⭐️ Answer the first responders’ questions - including providing names and information on what the overdose victim may have consumed before overdosing.
** Specific units determining personal use vs. drug trafficking volumes vary by state. Check your state’s laws (linked below) for penalties and qualifications on specific substances. Links to each state’s legislation are provided below.
DopaGE is not a law firm and does not provide legal advice. Database last updated August 25, 2025.
KEY
law enforcement does not have this power under the state’s Overdose Good Samaritan Law
[ ✓ ] = PROTECTED
law enforcement may choose to exercise this power when an individual is seeking medical assistance for an overdose
[ - ] = NOT protected
-
Protection applies for the first 911 caller only:
[ 1 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
[ 1 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ X ] Prosecution
*Fentanyl test strips are decriminalized in Alabama
Read the law: Ala. Code § 20-2-281 (under Title 20, Ch. 2, Article 13, Section 20-2-281)
-
Protections apply for the 911 caller and the overdose victim:
[ 1 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
[ 0 of 3 ] NO PROTECTION FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecution
*The state of Alaska has no laws against drug paraphernalia, but some cities do.
Read the law: Alaska Stat. § 11.71.311
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl test strips are decriminalized in Arizona
Read the law here: Ariz. Rev. Stat. Sec. 13-3423(A)(B)
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl test strips are decriminalized in Arkansas
Read the law:
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl test strips are decriminalized in California
Read the law: Cal. Health & Safety Code § 11376.5
-
Protections apply for the 911 caller(s), and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Colorado
Read the law: C.R.S. 18-1-711
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Connecticut
Read the law: Conn. Gen. Stat. § 21a-279(d)
-
Protections apply for the 911 caller, those who assist the caller, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR FENTANYL TEST STRIP POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Delaware
Read the law: Del. Code. tit. 16, § 4769(b) - scroll to bottom
-
Protections apply for the 911 caller, those who assist the caller, witnesses, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Washington DC
Read the law: D.C. Code § 7-403.
-
Protections apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Florida
Read the law: Fla. Stat. § 893.21
-
Protections apply for the 911 caller, those who assist the caller, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Georgia
Read the law: Ga. Code § 16-13-5 - see pages 3 and 4
-
Protections apply for the 911 caller, those who assist the caller, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Hawaii
Read the law: Haw. Rev. Stat. § 329-43.6
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Idaho
Read the law: Idaho Code § 37-2739C
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Illinois
Read the law: 720 Ill. Comp. Stat. 570/414
-
Only if the 911 caller administered naloxone to the overdose victim is the 911 caller protected:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
No protections apply for the overdose victim. If naloxone is not administered, no protections apply for the 911 caller.
[ 0 of 3 ] NO PROTECTION FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecution
Read the law: Ind. Code § 16-42-27-2
-
Provides protective measures against prosecution for the first 911 caller only (Does not explicitly restrict prosecution):
[ 1 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
[ 1 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
Read the Law: Iowa Code § 124.418
-
Protections apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Kansas
Read the law: Kansas State Legislature SB No. 419
(Signed into law May 9, 2024)
-
Protections apply for the 911 caller, those who assist the caller, and the overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Kentucky
Read the Law: Ky. Rev. Stat. § 218A.133
-
IMPORTANT: Louisiana requires any witness to an overdose to intervene and assist the victim - failure to assist is punishable by fines and imprisonment.
Protections apply for the 911 caller, those who assist the caller, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Louisiana
Read the Law: La. Rev. Stat. § 14:403.10
-
Protections apply for the 911 caller, those who assist the caller, witnesses, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Maine
Read the Law: Me. Rev. Stat. tit. 17-A, § 1111-B
-
Protections apply for the 911 caller, those who assist the caller, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
Read the Law: Md. Code, Crim. Proc. § 1-210(b)(c)
-
Protections apply for the 911 caller and the overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Massachusetts
Read the Law: Mass. Gen. Laws ch. 94C, § 34A(a)(b)
-
Protections apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 0 of 3 ] NOT PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecution
Read the Law: Mich. Comp. Laws § 333.7404(3)(a)(b)
-
IMPORTANT: Minnesota requires any witness to an overdose to intervene and assist the victim - failure to assist is punishable as a petty misdemeanor.
Protections apply for the 911 caller and the overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Minnesota
Read the Law: Minn. Stat. § 604A.05(Subd. 1, 2)
-
Protections apply for the 911 caller, those who assist the caller, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Mississippi
Read the Law: Miss. Code Ann. § 41-29-149.1
-
Protections apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Missouri
Read the Law: Mo. Rev. Stat. § 195.205
-
Protections apply for the 911 caller, those who assist the caller, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl test strips are decriminalized in Montana
Read the Law: Mont. Code § 50-32-609
-
Protections apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
Read the Law: Neb. Rev. Stat. § 28-472.
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl test strips are decriminalized in Nevada
Read the Law: Nev. Rev. Stat. § 453C.150
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 3 OF 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 0 OF 3 ] NO PROTECTION FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecution
Read the Law: N.H. Rev. Stat. § 318-B:28-b
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in New Jersey
Read the Law: N.J. Stat. § 2C:35-30
-
Protections apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in New Mexico
Read the Law: N.M. Stat. § 30-31-27.1
-
Protections apply for the 911 caller(s) and the overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in New York
Read the Law: N.Y. Penal Law § 220.78
-
Protection applies for 911 caller and the overdose victim:
[ 1 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
[ 1 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in North Carolina
Read the Law: N.C. Gen. Stat. § 90-96.2
-
Protections apply for the 911 caller and overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
Read the Law: N.D. Cent. Code § 19-03.1-23.4. (see page 38)
-
Protections (which require referral to a qualified substance rehabilitation program within 30 days) apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Ohio
Read the Law: Ohio Rev. Code § 2925.11(B)(2)(b)
-
Protections apply for the 911 caller and overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
Read the Law: Okla. Stat. tit. 63, § 2-413.1
See page 868-869
-
Protections apply for the 911 caller, those who assist the caller, witnesses, and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
Read the Law: Or. Rev. Stat. § 475.898
-
Protections apply for the 911 caller and the overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Pennsylvania
Read the Law: 35 PA. Cons. Stat. § 780-113.7
-
IMPORTANT: Rhode Island requires any witness to an overdose to intervene and assist the victim - failure to assist is punishable by fines and imprisonment.
Protections apply for the 911 caller and the overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Rhode Island
Read the Law: R.I. Gen. Laws § 21-28.9-4.
-
Protection applies for the 911 caller and the overdose victim:
[ 1 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
[ 1 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
Read the Law: S.C. Code § 44-53-1920
-
Protection applies for the 911 caller:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
NOTE: The immunity granted may only be applied 1 time per person.
[ 0 of 3 ] NO PROTECTION FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecution
Read the Law: S.D. Codified Laws § 34-20A-110
-
Protections apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Tennessee
Read the Law: TCA Section 63-1-156 (Amended as of 07.01.2023)
-
EXTREMELY LIMITED PROTECTION in Texas as of February 15, 2025.
Although the 911 caller and overdose victim may still be arrested, charged, and prosecuted for possession, Texas provides an affirmative defense from prosecution for substance and/or underage alcohol possession in the event of an overdose for only:
The first person who calls for emergency medical assistance AND
The person who is overdosing
This defense from prosecution cannot be applied if:
The individual has ever used this defense from prosecution in the past OR
The person has called 911 for a suspected overdose within the last 18 months.
The person does not remain on scene until medical assistance arrived
The person does not cooperate with law enforcement personnel
Read the Law: TX Health & Safety Code § 481.001(2021)
-
EXTREMELY LIMITED PROTECTION in Utah as of February 15, 2025.
Although the 911 caller and overdose victim may still be arrested, charged, and prosecuted for possession, Utah provides an affirmative defense from prosecution for substance possession in the event of an overdose for only:The first person who calls for emergency medical assistance AND
A person who assists the person who calls for emergency medical services AND
The person who is overdosing
This defense from prosecution cannot be applied if:
The person does not remain on scene until medical assistance arrived
The person does not cooperate with law enforcement personnel
Read the Law: UC 58-37-8.16 (2023)
(Scroll to #16)
-
IMPORTANT: Vermont requires any witness to an overdose to intervene and assist the victim - failure to assist is punishable by a fine.
Protections apply for the 911 caller(s) and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 0 of 3 ] NO PROTECTION FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecution
Read the Law: 18 V.S.A. § 4254
Note: In the law, "This chapter" refers to the entirety of Title 18, Chapter 84: Possession and Control of Regulated Drugs
-
Protections apply for the 911 caller and the overdose victim:
[ 3 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 3 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ ✓ ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
*Fentanyl Test strips are decriminalized in Virginia
Read the Law: VA Code § 18.2-251.03
-
Protections apply for the 911 caller(s) and overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 0 of 3 ] NOT PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecute
Read the Law: RCW 69.50.315
-
Protection applies for the 911 caller:
[ 1 of 3 ] PROTECTED FOR SUBSTANCE AND/OR UNDERAGE ALCOHOL POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
[ 0 of 3 ] NO PROTECTIONS FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecution
*Fentanyl Test Strips are decriminalized in West Virginia
Read the Law: WV Code §16-47-4
-
Protection applies for the 911 caller:
[ 1 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
[ 1 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ ✓ ] Prosecution
*Fentanyl Test Strips are decriminalized in Wisconsin
Read the Law: Wis. Stat. 961.443
-
Protection applies for the 911 caller and overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 0 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ - ] Charge
[ - ] Prosecution
Read the Law: W.S. 35‑7‑1064
-
Protection applies for the 911 caller(s) and overdose victim:
[ 2 of 3 ] PROTECTED FOR SUBSTANCE POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
[ 2 of 3 ] PROTECTED FOR PARAPHERNALIA POSSESSION:
[ - ] Arrest
[ ✓ ] Charge
[ ✓ ] Prosecution
Read the law: CanadaGood Samaritan Drug Overdose Act (S.C. 2017, c. 4)