By Aly Brines | Staff Editor

March 1, 2024

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When Justin Pearlman overdosed on heroin, he managed to call 911 before losing consciousness.[1] Paramedics saved his life, but when the police found his remaining heroin, Justin was sentenced to six months in prison.[2] After being released, he said, “I don’t think I would ever call 911 on myself or another person . . . it’s so horrible to go to jail.”[3] Justin battled his addiction for another decade, but was killed by an overdose in 2021.[4] This time, he did not call 911.[5]

            The United States officially declared the opioid epidemic a public health emergency in 2017,[6] but we are still not effectively addressing it. Good Samaritan Overdose Laws (GSOLs) are a promising strategy that protects people from being criminally punished for calling 911 during a drug overdose.[7] However, because there is no federal GSOL, the extent of the protection offered varies based on the state where the overdose occurred. States should amend their GSOL to remove unnecessary barriers that prevent people from calling 911 during an overdose.

            Over 100,000 people in the United States were killed by a drug-involved overdose in 2022.[8] Substance use disorders are complex and difficult to address, and criminal punishment is not an appropriate or effective solution. The most common reason that people decide not to call 911 during an overdose is the fear of legal consequences.[9] GSOLs alleviate this fear so that people feel confident that they can safely call 911. Opioid overdoses usually take between 1–3 hours from the moment of consumption to the moment of death,[10] so there is enough time to call 911, but not enough to delay.[11] GSOLs maximize this window of opportunity by prioritizing the life-saving call for medical assistance.

Critics of GSOLs often cite a desire to control crime or make drugs less accessible, which are commendable goals. However, a more commendable goal is keeping people alive regardless of their mental health needs. All current GSOLs include a “good faith” requirement to discourage any abuse of their protection,[12] so the caller must be motivated by the desire to save a life and not just to avoid punishment. Overdoses should be treated as medical emergencies, not crime scenes.

Each state[13] has a unique GSOL, but the protection offered in each state varies dramatically. Some restrict which stages of the criminal process are protected, which can confuse people without a legal background.[14] Other states limit who is protected by the GSOL.[15] If the caller is not protected, then they may not feel safe calling 911. If the patient experiencing the overdose is not protected, the caller is forced to guess whether the patient would rather risk incarceration or risk death. These dilemmas become even more complicated for people with a special legal status like terms of parole, probation, or immigration.

States also vary drastically on the types of offenses that are protected under their GSOL. Most states cover the use and/or possession of controlled substances, but people can still be punished for other crimes in connection to the overdose.[16] A more efficient approach would be to include all crimes related to the overdose so that people are not delayed by any confusion over their protection. The goal of an effective GSOL is to be so clear and inclusive that people can confidently save lives during an overdose.

Many states have unnecessary barriers that prevent their GSOL from being effective. Some require the caller to identify themselves to the police,[17] which is likely to scare off potential callers who do not fully trust the protection of the GSOL. Texas only allows a person to use GSOL protection once,[18] which forces potential callers to choose which overdose is sufficiently fatal. These kinds of limitations can render the GSOL essentially useless, as the GSOL becomes inaccessible to the people who are likely to need it most.

GSOLs are a promising solution to address the opioid crisis, but our current approach to these laws can be improved. States should prioritize saving lives and amend their GSOL to lower the barriers to accessing medical care during an overdose.

[1] John Rensten, ‘Good Samaritan’ Laws and Drug-Overdose Victims, Newsweek (July 6, 2010), https://www.newsweek.com/good-samaritan-laws-and-drug-overdose-victims-74625.

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Ongoing Emergencies and Disasters, CMS.gov, https://www.cms.gov/about-cms/what-we-do/emergency-response/current-emergencies/ongoing-emergencies (last visited Feb. 22, 2024).

[7] Kayleen Egan, The Overdose Prevention Act: A Small Step When New Jersey Needs A Giant Leap, 12 Rutgers J.L. & Pub. Pol’y 1, 4 (2014) (explaining what GSOLs are and how they are intended to work).

[8] Harm Reduction, SAMHSA, https://www.samhsa.gov/find-help/harm-reduction (last updated Apr. 24, 2023).

[9] Jennie M. Miller, Save a Friend’s Life or Risk Your Freedom: The Dilemma Too Many People Face When Witnessing an Overdose, 34 J. Civ. Rts. & Econ. Dev. 351, 372 (2021) (describing common reasons that people decide not to call 911 while experiencing or witnessing an overdose).

[10] Opioid Overdose Basics, Nat’l Harm Reduction Coal., https://harmreduction.org/issues/overdose-prevention/overview/overdose-basics/what-is-an-overdose/ (last updated Sept. 1, 2020); Will Dane et al., The Solution to Opioids is Treatment, Brain Inj. Ass’n of Am., https://www.biausa.org/public-affairs/media/the-solution-to-opioids-is-treatment (last visited Feb. 22, 2024).

[11] Daniel Rees et al., With a Little Help from My Friends: The Effects of Naloxone Access and Good Samaritan Laws on Opioid-Related Deaths, 78 Rsch. Briefs Econ. Pol’y, 1, 7 (2017) (describing the timeline of an overdose and when medical intervention becomes necessary).

[12] See Alaska Stat. § 11.71.311; Del. Code Ann. tit. 16, § 4769; N.Y. Penal Law § 220.78 (McKinney 2021) (each requiring that the protected person acts in good faith to save a life).

[13] Excluding Kansas and Wyoming, which do not have any GSOL protections.

[14] See Idaho Code § 37-2739C (allowing the protected person to be arrested but not charged); Ala. Act No. 2015-364 (allowing arrest and charging, but not prosecution); N.J. Stat. Ann. § 2C:35-30 (allowing the protected person to be arrested, charged, and prosecuted but not convicted.

[15] See Ind. Code Ann. § 16-42-27-2 (protecting only the caller); N.C. Gen. Stat. § 90-96.2 (protecting the person experiencing the overdose and the first person to call 911); S.D. Codified Laws § 34-20A-111 (protecting only the person experiencing the overdose and no one else).

[16] Samantha Kopf, Slaying the Dragon: How the Law Can Help Rehab a Country in Crisis, 35 Pace L. Rev. 739, 752 (2014) (describing the different offenses covered by each state’s GSOL).

[17] See Okla. Stat. tit 63, § 2-413.1

[18] 2021 Tex. HB 1694.