Good Samaritan Laws: Calling 911 Won't Get You Arrested

Someone is overdosing. You know you should call 911. But you're scared — you're using too, you have drugs on you, or you're on probation. So you hesitate. Maybe you wait too long. Maybe you don't call at all.

This fear is why Good Samaritan laws exist. In Virginia, Ohio, and Pennsylvania, state laws specifically protect people who call for help during an overdose from certain drug possession charges. These laws exist because saving a life is more important than enforcing low-level drug crimes.

If you've ever hesitated to call 911 during an emergency, this post explains exactly what protections you have in each state, what the laws don't cover, and why making that call is almost always the right decision — even if you're scared.

What Is a Good Samaritan Law?

Good Samaritan laws (also called "911 Good Samaritan laws" or "overdose immunity laws") provide limited legal protection to people who:

• Call 911 or seek emergency medical help during a drug or alcohol overdose
• Remain at the scene until help arrives
• Cooperate with emergency responders

The goal is simple: remove the fear of arrest that stops people from calling for help when someone is dying.

These laws typically protect both the person overdosing and the person calling for help from prosecution for simple drug possession. They do not provide blanket immunity for all crimes — just specific drug-related charges.

Research consistently shows that overdose fatality rates drop in states with Good Samaritan laws, because more people call 911 when it matters most.

Virginia's Good Samaritan Law

Virginia's law (Virginia Code § 18.2-251.03) protects you from prosecution for possession of a controlled substance or marijuana if you:

• Seek medical attention for yourself or someone else experiencing an overdose
• Remain at the scene until help arrives
• Cooperate with law enforcement and emergency personnel

What Virginia's law covers

• Simple possession of drugs (including heroin, fentanyl, cocaine, methamphetamine, prescription opioids without a prescription)
• Possession of drug paraphernalia
• Public intoxication
• Both the person overdosing and the person seeking help are protected

What Virginia's law does NOT cover

• Drug distribution or intent to distribute (selling drugs)
• Manufacturing drugs
• Outstanding warrants for other crimes
• Driving under the influence (DUI)
• Probation or parole violations (these are handled case-by-case)
• Child endangerment charges if minors are present

Even if you have drugs in your pocket when police arrive, Virginia's law says prosecutors cannot use your seeking medical help as the basis for a possession charge. If you're already on probation in Virginia, your probation officer may still be notified, but the law creates a strong presumption against punishment for seeking emergency help.

Ohio's Good Samaritan Law

Ohio's law (Ohio Revised Code § 2925.11) is similar but has some important details. You're protected from prosecution for drug possession offenses if you:

• Seek emergency medical assistance for someone experiencing a drug overdose
• Remain with the person needing assistance until help arrives
• Cooperate with medical and law enforcement personnel

What Ohio's law covers

• Possession of controlled substances
• Possession of drug paraphernalia
• Underage alcohol possession (for minors)
• Protection for up to two people who seek help — not just one caller

What Ohio's law does NOT cover

• Trafficking or aggravated trafficking in drugs
• DUI/OVI (operating a vehicle while impaired)
• Outstanding warrants
• Other crimes discovered at the scene unrelated to drug possession

Ohio's law is notable because it explicitly protects two people at the scene who seek help, not just the primary caller. This recognizes that overdoses often happen in group settings where multiple people might fear arrest.

If you're in Columbus, Cleveland, Cincinnati, or anywhere else in Ohio and witness an overdose, this law protects you. Even if you're high yourself, even if you have drugs, calling 911 is legally protected.

Pennsylvania's Good Samaritan Law

Pennsylvania's law (35 P.S. § 780-113.7) offers similar protections with slightly broader language. You cannot be charged with possession of a controlled substance if you:

• Seek medical assistance for someone experiencing or believed to be experiencing an overdose
• Remain at the scene until assistance arrives
• Cooperate with medical and law enforcement personnel

What Pennsylvania's law covers

• Possession of controlled substances
• Possession with intent to use drug paraphernalia
• Protection applies even if the person doesn't actually overdose — just seeking help in good faith is enough
• Both the overdose victim and the person seeking help are protected

What Pennsylvania's law does NOT cover

• Drug dealing or intent to distribute
• DUI
• Outstanding warrants
• Other criminal activity discovered at the scene

Pennsylvania's law uses the phrase "believed to be experiencing" an overdose, which means you don't have to be 100% certain someone is overdosing to call — if you think something is seriously wrong, you're protected for seeking help.

Whether you're in Philadelphia, Pittsburgh, or Allentown, Pennsylvania's Good Samaritan law protects you when you call 911 during a suspected overdose.

Why People Still Don't Call (And Why You Should Anyway)

Despite these laws, many people still hesitate to call 911 during an overdose. Common fears include:

• "I'm on probation — I'll get violated"
• "I have a warrant — they'll arrest me"
• "I'm undocumented — they'll turn me over to ICE"
• "I have drugs on me — they'll charge me anyway"
• "The cops won't actually follow the law"

These fears are understandable. The criminal legal system has caused real harm to people who use drugs. Trust is low for good reason.

But here's what matters most: someone is dying. Every minute without oxygen causes brain damage. An overdose can kill in 3–5 minutes.

Good Samaritan laws aren't perfect. They don't eliminate all risk. But they dramatically reduce it. And in almost every case, the risk of legal consequences is far, far lower than the risk of someone dying because you didn't call.

Naloxone (Narcan) can reverse an opioid overdose, but it doesn't always work on the first dose, and it wears off in 30–90 minutes. You need professional medical help — paramedics with equipment, oxygen, and backup doses.

What to Do During an Overdose

If you witness an overdose, here's what to do:

1. Call 911 immediately

Give your location clearly. Say "someone is overdosing" or "someone isn't breathing." You don't have to give your name if you're scared, but staying on the line helps.

2. Give naloxone if available

Administer naloxone (nasal spray or injection). Follow package instructions. You can give multiple doses if needed.

3. Perform rescue breathing or CPR

If the person isn't breathing, tilt their head back, pinch their nose, and give one breath every 5 seconds. If trained in CPR, start chest compressions.

4. Place them in recovery position

If they're breathing but unconscious, roll them onto their side to prevent choking on vomit.

5. Stay with them until help arrives

Don't leave. Your presence is legally protected under Good Samaritan laws as long as you stay and cooperate.

6. Be honest with paramedics

Tell them what the person used if you know (fentanyl, heroin, pills, etc.). This helps them treat effectively. Medical information you share won't be used to prosecute you.

When police arrive, you can calmly state: "I called for medical help under the Good Samaritan law." You have the right to remain silent beyond identifying yourself and explaining you sought emergency help.

Get connected to life-saving addiction treatment

If you or someone you care about is struggling with opioid use disorder, treatment works. Suboxone treatment is effective, accessible, and available through telehealth in Virginia, Ohio, and Pennsylvania.

Grata Health offers same-day appointments, accepts Medicaid and most major insurance plans, and provides judgment-free care from medical providers who understand addiction. You don't have to wait until an overdose happens to get help.

Get started today — your first appointment can happen as soon as tomorrow.

Understanding Your Rights State by State

While the three states Grata Health serves have similar Good Samaritan protections, some differences matter:

Best for multiple people calling: Ohio explicitly protects up to two people seeking help, not just one caller. This is useful if you're with a group.

Broadest "good faith" protection: Pennsylvania protects you even if the person wasn't actually overdosing — just believing they were is enough. This removes the "what if I'm wrong?" hesitation.

Clearest language: Virginia's law is the most straightforward about what's protected (possession and paraphernalia) without confusing exceptions.

All three states exclude DUI and drug dealing charges from protection. These laws are specifically about removing the barrier to calling for medical help, not providing immunity for all drug-related activity.

If you're concerned about how the law applies to your specific situation — especially if you have an outstanding warrant or are on probation — consider speaking with a criminal defense attorney in your state. Many public defender offices and legal aid organizations can provide quick consultations about overdose immunity laws.

Real-World Application: What Actually Happens

So what actually happens when you call 911 during an overdose in Virginia, Ohio, or Pennsylvania?

In most cases: Paramedics arrive, treat the overdose, transport the person to the hospital, and leave. Police may or may not show up. If they do, they usually stay out of the way while medical care happens. They don't search people or make arrests for simple possession when someone has clearly called for emergency help.

If you have drugs on you: You may be asked to place them somewhere safe (like a table) while paramedics work. Police cannot use your act of calling 911 as probable cause to search you. If drugs are in plain view, it gets complicated, but Good Samaritan laws still apply.

If there are larger amounts of drugs: The law protects possession, not distribution. If it looks like dealing (scales, packaging, large quantities), you may still face charges. But calling 911 is still the right decision — a life is on the line.

If you're on probation or parole: This is case-dependent. Some jurisdictions count calling 911 under Good Samaritan laws as a mitigating factor. Some ignore it. Some still file violation reports. But in most cases, judges and probation officers recognize that you did the right thing by saving a life.

The bottom line: thousands of people call 911 during overdoses every year under Good Samaritan protection, and the vast majority experience no legal consequences for possession. The laws work.

Why Good Samaritan Laws Matter for Long-Term Recovery

These laws aren't just about immediate crisis response — they're part of a broader harm reduction approach that acknowledges people who use drugs deserve safety, health care, and dignity.

When you know you can call for help without fear, you're more likely to:

• Seek medical care after an overdose instead of leaving the hospital against medical advice
• Connect with treatment services offered by hospital social workers
• Build trust with the health care system
• Access resources like Suboxone treatment that can prevent future overdoses

Many people enter recovery after surviving an overdose. But that path starts with someone making the decision to call 911 — and surviving long enough to get there.

Good Samaritan laws save lives in the moment. They also create pathways to long-term recovery by keeping people alive long enough to make different choices when they're ready.

You Can Save a Life Today

If you witness an overdose, you have the legal protection to call 911 in Virginia, Ohio, and Pennsylvania. You won't be arrested for simple drug possession. You won't be prosecuted for seeking emergency medical help.

Someone's life depends on you making that call.

Keep naloxone on hand. Learn the signs of an overdose. Know your rights under Good Samaritan laws. And when it matters, pick up the phone.

These laws exist because your safety and the lives of people who use drugs matter. Every single person deserves a chance to recover. Every single person deserves someone who will call for help when they need it most.

If you're ready to take the next step toward recovery for yourself or someone you love, Grata Health is here. We provide telehealth-based Suboxone treatment with same-day appointments in Virginia, Ohio, and Pennsylvania. Most insurance plans are accepted, including Medicaid.

You don't have to wait for an emergency to get help. Treatment is available now — and it works.