California’s Good Samaritan law for overdoses, and why to call 911

Introduction

If someone is overdosing, call 911. California law is written so that fear of arrest does not stop that call. Under the state’s Good Samaritan overdose law, a person who seeks medical help in good faith for an overdose is not committing a crime by being under the influence of, or possessing for personal use, the drugs involved. The same protection covers the person who overdosed. This article explains what the law protects, what it leaves out, and the related rule for naloxone. If you are supporting someone through drug use, our guide for families helping someone with addiction covers the wider picture.

This article is general information about California law, not legal advice. For advice about a specific situation, speak with a California attorney.

What does California’s Good Samaritan overdose law protect?

It makes it not a crime to be under the influence of, or to possess for personal use, a controlled substance or drug paraphernalia when you seek medical help in good faith for someone who is overdosing.

The law is California Health and Safety Code section 11376.5. It has two parts. The first protects the person who calls for help for someone else. The second protects the person having the overdose, when they or someone with them seeks help. In both cases the person must not get in the way of medical or police personnel.

The law says no other protection from arrest or prosecution is intended. It is a specific shield for a specific moment, the call for help, and it is meant to remove the main reason people hesitate to make it.

What counts as an overdose and as seeking help?

An overdose under this law is an acute medical condition from drugs, or drugs combined with alcohol, that may cause death, disability or serious injury. Seeking help includes asking by voice, in writing, or through data from a health-monitoring device, when the purpose is to get medical help.

The test is what a reasonable person would believe. If it looks like an overdose that could cause death or serious harm, it counts, even before anyone knows exactly what was taken. A 2023 law, SB 250 (Chapter 106, effective January 1, 2024), added a definition in section 11376.5(d)(2), which says that seeking medical assistance includes a communication made in the form of data from a health-monitoring device, including smart watches, for the purpose of obtaining medical assistance. The law does not say that every automatic alert counts on its own, so if a watch sends an alert, still call 911 yourself.

Good faith is the key idea. The protection is for people who are genuinely trying to get help for someone in danger. It also applies when the caller has used drugs themselves, which is exactly the situation in which many overdoses are witnessed, and the moment the law is meant to reach.

The law is written for overdoses involving controlled substances, including when alcohol is involved too. Whatever the substance, if someone cannot be woken, is breathing slowly or not at all, or is having a seizure, call 911.

What does the law not cover?

It does not protect selling, giving or exchanging drugs, forcing drugs on someone, or offenses made dangerous by drug use, such as driving under the influence.

The protection also depends on not obstructing the people who respond. Staying calm, answering their questions and giving them room to work keeps it in place.

Can you get in trouble for giving someone naloxone?

Generally not for civil damages. California law says a person who gives naloxone in good faith, and not for pay, to someone who is or seems to be overdosing is not liable for civil damages, except for gross negligence or willful or wanton misconduct.

That rule is in California Civil Code section 1714.22.

Naloxone reverses an opioid overdose, including from fentanyl, and families of anyone who uses opioids often keep it at home. Our page on fentanyl, overdose and naloxone explains when and how to use it.

How can a family be ready for an overdose?

Keep naloxone where everyone can find it, learn the signs of an overdose, and agree in advance that anyone who sees one will call 911.

Signs of an opioid overdose include someone who cannot be woken, slow or stopped breathing, and blue or gray lips or fingertips. Our page on heroin withdrawal and overdose walks through the naloxone nasal spray step by step.

It also helps to talk about the law before it is needed. People who use drugs, and the friends they use with, sometimes hesitate to call because they fear arrest. Knowing that California protects a good-faith call for help, within the limits above, can make the difference in those first minutes, when every one counts.

Agree on the address to give, where the naloxone is kept, and who stays with the person while someone else makes the call.

What should you do if someone is overdosing?

Call 911, give naloxone if you have it and opioids may be involved, and stay with the person until help arrives.

• Try to wake the person, and check their breathing.
• Call 911 and say it may be an overdose. Give the address clearly.
• If opioids could be involved and you have naloxone, give it.
• Lay them on their side if they are breathing, and stay with them.
• Tell the responders what you know about what was taken.

In an emergency, call 911. After an overdose, if someone is in crisis or thinking about suicide, call or text 988 at any hour.

What comes after an overdose?

Often, a moment when the person is willing to talk about treatment. It helps to know the options before that moment comes.

For opioids, withdrawal and the risk of a second overdose are the first concerns, and our page on opioid withdrawal and detox sets out what that involves.

If the person does not want help, our article on whether you can force someone into rehab in California explains what the law allows.

Families also ask about cost at this stage. We work with many PPO plans, and our page on checking benefits by phone sets out what to have ready.