Minnesota's Good Samaritan Overdose Law: Immunity from Certain Drug Charges

Why This Law Exists

People witnessing an overdose often hesitate to call for help because they fear being arrested for their own drug possession. That hesitation costs lives. Minnesota, like many states, addressed this with a Good Samaritan law: if the fear of a possession charge is what stops the call, remove that fear for the narrow situation of seeking emergency help. The point is to get medical assistance to an overdosing person as fast as possible.

Who Is Protected

Section 604A.05 provides two related immunities:

• The person seeking help (subd. 1). A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose — or who acts in concert with someone seeking that help — may not be charged or prosecuted for the possession, sharing, or use of a controlled substance under the specified statutes.
• The person experiencing the overdose (subd. 2). A person who overdoses and needs medical assistance may not be charged or prosecuted for possession of a controlled substance under the specified statutes, or for possession of drug paraphernalia.

There is also an important protection for people already in the system: under subdivision 3, a person's pretrial release, probation, furlough, supervised release, or parole cannot be revoked based on an incident for which they would be immune under this law. For someone on probation, that protection can be as significant as the immunity from a new charge.

The Conditions You Must Meet

The immunity is not automatic. To qualify, the statute requires that:

• the evidence for the charge was obtained as a result of seeking medical assistance (or of the overdose and the need for help); and
• the person seeking help provides a name and contact information, remains on the scene until assistance arrives or is provided, and cooperates with authorities.

In plain terms: you have to actually seek the help, stay, identify yourself, and cooperate. Leaving the scene or refusing to cooperate can forfeit the protection.

What the Immunity Does NOT Cover

This is where people are most often mistaken. The Good Samaritan law is narrow:

• It does not cover sale, distribution, or trafficking. The immunity is limited to specified possession-level offenses. A person is not shielded from drug-sale charges by calling for help.
• It does not cover every drug charge. It applies to the specific controlled-substance possession statutes named in the law (certain provisions of Minn. Stat. §§ 152.023, 152.024, and 152.025) and to drug paraphernalia — not to all offenses.
• It does not shield evidence obtained independently. If law enforcement develops evidence separate from the overdose and the call for help, that evidence can still support other charges.
• It does not bar drug testing of people on pretrial release, probation, or parole, and it does not remove immunities that already protect public entities or prosecutors.

What "Drug-Related Overdose" Means

The statute defines a drug-related overdose as an acute condition — including mania, hysteria, extreme physical illness, or coma — resulting from the use of a controlled substance (or a substance combined with one) that a layperson would reasonably believe to be a drug overdose requiring immediate medical assistance. The standard is what a reasonable layperson would believe, not a medical certainty.

Why This Still Needs a Lawyer

Whether Good Samaritan immunity actually applies to a given situation is a legal question that turns on the specific charge, the specific facts, how the evidence was obtained, and whether the conditions were met. Prosecutors and defense counsel can disagree about whether the immunity attaches, and asserting it correctly — at the right time and in the right way — matters. If you or someone you know is facing a charge after seeking or needing overdose help, whether this immunity applies is worth reviewing carefully.

Key Terms

• Good Samaritan immunity: Protection from certain drug charges for seeking overdose help, under Minn. Stat. § 604A.05.
• Drug-related overdose: An acute condition a layperson would reasonably believe is an overdose requiring immediate medical help.
• Possession vs. sale: The immunity covers specified possession offenses, not sale, distribution, or trafficking.
• Revocation protection: A qualifying incident cannot be the basis for revoking probation, parole, or supervised release (subd. 3).