What to Know About Tennessee’s “Good Samaritan” Overdose Law

Many people hesitate to call 911 when someone is experiencing a drug overdose because they fear being arrested on a controlled substance charge or a different type of offense. Tennessee’s Good Samaritan overdose law is designed to reduce that fear by providing limited immunity from certain drug charges for people who seek emergency medical assistance.

All states have some type of “Good Samaritan” law that provides limited immunity for someone who reasonably believes that they or someone else is overdosing. These statutes have been enacted to try to curb the epidemic of fatal drug overdoses. Unfortunately, too many people still are not aware that these laws exist.

Under Tennessee Code § 63-1-156, a person who seeks medical assistance “in good faith” for someone experiencing, or believed to be experiencing, a drug overdose generally cannot be arrested, charged or prosecuted for drug offenses if the evidence of those crimes was discovered because the person sought emergency assistance. Seeking medical assistance can include the following:

• Calling 911
• Taking someone to an emergency room
• Flagging down a police officer or other first responder

The law also grants immunity for any violations of parole, probation or pretrial release if they are discovered because of a call for help. 

Generally, an individual seeking assistance for themselves can receive immunity for a first overdose-related incident. Additional overdose incidents may still qualify for protection, but whether immunity applies may depend on the circumstances and the discretion of authorities. 

Importantly, Tennessee’s Good Samaritan law does not provide blanket immunity from all criminal charges. The protections generally apply only to relatively minor drug offenses, such as simple possession or possession of drug paraphernalia. The law also does not protect individuals from prosecution for more serious drug crimes or for unrelated criminal offenses. Police officers may still conduct lawful searches, seize evidence and make arrests for offenses that fall outside the scope of the statute.

While the law provides limited immunity for arrest, charge and prosecution, it cannot guarantee that someone will not mistakenly be arrested if police are not fully aware of the circumstances. That is why it is crucial for Tennesseans to know and protect their rights if they find themselves at the scene of an overdose and do the right thing.

At The Collierville Law Firm, we provide strong criminal defense for clients accused of drug crimes and other offenses in Shelby County and throughout West Tennessee. For a free consultation, please call 901-614-0318 or contact us online.