Law: Providing Immunity from Prosecution or Mitigation at Sentencing for Individuals Seeking Assistance During an Overdose

What are Immunity from Prosecution or Mitigation at Sentencing Laws?

A law enacted to encourage emergency treatment of people experiencing drug overdoses was included in this resource if the law provides any degree of immunity to an individual seeking help for himself or for another person experiencing an overdose. The protection could be from prosecution for possession of a controlled substance during the overdose incident or for other criminal charges. The law was also included if it makes seeking help in an overdose a mitigating factor at sentencing. Such laws are often referred to as “Good Samaritan” laws.

States with Immunity from Prosecution or Mitigation at Sentencing Laws

4 States: Alaska, Maryland, New Mexico, Washington

Features of Immunity from Prosecution or Mitigation at Sentencing Laws by State

Features	States
Person seeking help for another person experiencing an overdose will not be charged or prosecuted for possession resulting from evidence gained from the call for help	NM, WA
Person experiencing overdose and needing medical attention will not be prosecuted for possession resulting from evidence gained from the call for help	NM, WA
Protection from prosecution will not extend to other criminal charges	WA
Seeking help may be mitigating factor in Controlled Substance Act prosecution	NM
Seeking help may be mitigating factor in a prosecution	AK, MD, WA