California’s 911 Good Samaritan overdose law provides limited criminal protection when someone seeks medical help in good faith for a person experiencing a drug-related overdose. Under California Health and Safety Code Section 11376.5, certain possession- and intoxication-related conduct is not a crime when the statutory requirements are met.
What does the law protect?
The statute states that a person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose is protected from criminal liability for being under the influence of, possessing for personal use, or possessing drug paraphernalia related to the overdose situation, so long as the person does not obstruct medical or law-enforcement personnel.
The person experiencing the overdose can receive similar protection when medical assistance is sought in good faith.
What does “seek medical assistance” mean?
California law defines it broadly to include communications made verbally, in writing, or through health-monitoring technology for the purpose of obtaining medical help. Calling 911 is the clearest example.
What does the law not protect?
The protection is limited. The statute does not create immunity for drug sales, distribution, other unrelated crimes, or offenses involving dangerous activities such as impaired driving. It also does not create a general shield from all arrest or prosecution.
Does the law protect someone who gives naloxone?
California also has separate liability protections for people who provide emergency care and administer naloxone in good faith. These protections complement, but are legally distinct from, the overdose-specific protections in Health and Safety Code Section 11376.5.
What should someone do during a suspected overdose?
Call 911 immediately. If opioid overdose is possible, give naloxone if available and follow the product instructions. Keep the person breathing if possible, place them on their side to reduce choking risk, and stay until emergency responders arrive.
Trinity has a separate guide on how to get naloxone in California.
Why does the law matter?
Fear of legal consequences can delay emergency calls during overdose. The law is intended to reduce that barrier and encourage people to seek lifesaving medical help.
Frequently asked questions
Does the law protect someone with drugs intended for sale?
No. The statute specifically does not protect drug selling, providing, giving, or exchanging.
Does the law protect every offense at the scene?
No. The protection is limited to the conduct described in the statute and does not create immunity for unrelated offenses.
Should someone still call 911 after giving naloxone?
Yes. Naloxone can wear off before the opioid does, and mixed-drug overdoses may require additional medical care.
Sources
- California Health and Safety Code § 11376.5
- California Department of Public Health: Respond to an Overdose
- California Department of Public Health: Naloxone Laws and Resources
This article provides general educational information about California law and is not legal advice.