Nevada’s Good Samaritan Law: Will You Get Arrested If You Call 911 During a Drug Overdose?

Every second counts when someone overdoses. However, worrying about being arrested can make those around them hesitate to call for help, which can cost someone their life.

If you’re somewhere that drugs are being used and someone overdoses, calling 911 means potentially exposing yourself to law enforcement. So, what does Nevada law actually say about that?

Nevada’s Good Samaritan Law

Nevada has a law specifically for this situation. Under the Good Samaritan Law (NRS 453C.010), the state gives you limited immunity from prosecution for people who seek medical help during a drug overdose, either for themselves or for someone else.

If you call 911, stay at the scene, and cooperate, Nevada law generally protects you from being arrested or prosecuted for certain drug-related offenses that are discovered as a direct result of that call. The same protection extends to the person who overdosed.

What Does the Law Cover?

The immunity here isn’t unlimited, but it protects against prosecution for:

• Simple possession of a controlled substance
• Being under the influence of a controlled substance
• Possession of drug paraphernalia

This means that if you call 911 because your friend has overdosed and officers arrive to find you with a small amount of drugs or drug paraphernalia, you shouldn’t face charges for those offenses because you called. The same applies to the person who overdosed.

What Doesn’t the Law Cover?

Nevada’s Good Samaritan law is not a blanket get-out-of-jail-free card. It does not protect you from:

• If there’s evidence that you were selling drugs, the Good Samaritan law won’t protect against those charges.
• It only protects against things related to the overdose. Outstanding warrants, weapons charges, or other criminal activity present at the scene aren’t covered.
• If you don’t stay. The law requires that you stay at the scene and cooperate. If you call and then leave before help gets there, you lose the protection.
• Repeat uses aren’t covered. Nevada limits how many times a person can use the Good Samaritan defense.

You Should Still Call

Even with the limitations, you should call. The alternative is far worse than the risk of making that call.

In most overdose situations, the people present aren’t drug traffickers. They’re just people who made a choice to use substances, or who found themselves near someone who did.

That said, if you do find yourself in a situation where law enforcement becomes involved following an overdose call, knowing your rights and having an attorney are important. Officers and prosecutors don’t always apply the Good Samaritan law correctly, and the scope of its protection can be contested.

If You’ve Been Charged Despite Calling for Help

If you called 911 during an overdose and still ended up facing drug charges, an attorney can help decide whether the charges fall within the scope of the Good Samaritan law and argue for dismissal if they do. Contact CEGA Criminal Law Group in Las Vegas for a consultation.