Calling 911 During an Overdose in California: The Good Samaritan Law, What It Covers, and What to Do After the ER

When someone overdoses, the people in the room often lose the most important minutes arguing about whether to call 911. The fear is almost always the same: police will come, someone will be arrested, and a bad night becomes a court case. California has a law written for exactly this moment, and many of the families who call our team after an overdose have never heard of it. This guide explains what the law covers, what it does not, what to do on the call, and how the hours after an emergency room visit can become the start of treatment. If you need to talk to someone about treatment now, call Bodhi Addiction Treatment at (877) 328-1968. If someone is unresponsive or not breathing, call 911 first.

California’s Good Samaritan Overdose Law in One Paragraph

California’s Good Samaritan overdose law, Health and Safety Code section 11376.5, has been in effect since January 1, 2013. It provides that a person who in good faith calls for medical help for someone experiencing a drug-related overdose, and the person who overdosed, generally cannot be charged with being under the influence of a controlled substance or with possessing drugs or paraphernalia for personal use, when the evidence came to light because help was called. It does not protect selling or supplying drugs, does not cancel existing warrants, and does not apply to someone who obstructs the medical or police response. In plain terms: calling 911 for an overdose in California is legally safer than most people believe, and it is far safer than waiting.

What the Law Covers and What It Does Not

The protection is narrower than some people assume and broader than most fear. It is worth knowing both edges before you ever need it.

• Covered: being under the influence, and possessing a personal-use amount of a controlled substance or paraphernalia, for the caller and for the person who overdosed.
• Not covered: selling, giving, or exchanging drugs; driving under the influence; outstanding warrants; and unrelated crimes.
• Uncertain territory: how an overdose call interacts with probation, parole, custody matters, or a professional license depends on the specific situation. If any of those apply, talk to an attorney afterward. Do not let the question delay the call.

California also has a separate law, Civil Code section 1714.22, that addresses liability for people who give naloxone (Narcan) in good faith during a suspected opioid overdose. The practical takeaway is the same: the law is designed to encourage people to act.

Why People Hesitate to Call

In our placement and intervention work with California families, the reasons people give for a delayed call fall into a small number of patterns. Naming them ahead of time makes them easier to override in the moment.

• Fear of arrest: the most common reason, and the one the Good Samaritan law was written to address.
• “They’re just sleeping it off”: heavy snoring, gurgling, or slow breathing can look like sleep but may be a sign that breathing is failing.
• Naloxone already given: people assume the danger is over once the person wakes up, but naloxone can wear off before the opioid does.
• Shame and secrecy: families who have kept substance use private for years hesitate to bring outsiders into the house.
• The person refuses: someone who has just been revived may insist they are fine and beg you not to call.

None of these reasons outweighs the risk of a fatal overdose. According to the Centers for Disease Control and Prevention, naloxone and fast emergency response are among the most effective tools for preventing overdose deaths, and both depend on someone acting quickly.

What to Do and Say on the 911 Call

Do this today, before there is an emergency: save the address of the home where your loved one stays as a contact note in your phone, and check whether there is naloxone in the house and where it is kept. Under stress, people forget street addresses and lose time searching drawers.

If an overdose happens:

1. Call 911 and lead with the facts. Say “Someone is unresponsive and not breathing normally” and give the address. You do not have to open with what drugs were used, but answer the dispatcher’s questions honestly, because it shapes the medical response.
2. Give naloxone if you have it and opioids could be involved. The National Institute on Drug Abuse explains that naloxone can rapidly reverse an opioid overdose and is not harmful if opioids turn out not to be involved. If there is no response after 2 to 3 minutes, a second dose may be needed.
3. Support breathing and position. Follow the dispatcher’s instructions. If the person is breathing, place them on their side so they do not choke.
4. Stay until help arrives. Leaving the scene is the single most common way people lose the protection the law offers and the person loses the help they need.
5. Do not hide or flush substances in front of responders. Interfering with the response can remove legal protection and keeps medical staff from knowing what they are treating.

Overdoses are not limited to opioids. Alcohol poisoning, sedative combinations, and stimulant toxicity all warrant a 911 call. If the person has been drinking heavily or using benzodiazepines daily, they also face a separate danger in the days after the emergency: withdrawal from alcohol and benzodiazepines can cause seizures and must be medically supervised. Stopping suddenly at home is not safe.

The Hours After the Emergency Room

Here is an inconvenient operational truth from our placement work: the emergency room is designed to stabilize, not to treat addiction, and many people who overdose are discharged within hours. The window between ER discharge and the next use is when families have the most leverage and the least plan. The people who make it into treatment from that window usually have a family member who already did the paperwork.

Three questions to ask before the person leaves the hospital:

• Can we get a copy of the discharge summary? It lists what was found, what was given, and any lab results. Residential programs use it for medical clearance.
• Was buprenorphine started, or can it be? Some emergency departments can begin medication for opioid use disorder before discharge.
• Is there a social worker or substance use navigator on shift? Many California hospitals have one, and they can help coordinate a direct transfer.

At the same time, a family member can start an insurance verification and ask about open beds. Bodhi’s team can often review the hospital paperwork, help confirm benefits, and match your loved one with a vetted partner program the same day, including residential treatment in Northern California for people who need round-the-clock structure after a medical scare. Call (877) 328-1968 while the person is still in the hospital if you can.

What to Tell the Admissions Team After an Overdose

Admissions teams make better placement decisions when they hear the details plainly. Be ready to share:

• What happened: the date, which substances were involved or suspected, and whether naloxone was used.
• Daily use pattern: especially daily alcohol, benzodiazepine, or opioid use, since these determine withdrawal risk and whether medically supervised detox is needed first.
• Medications and diagnoses: prescriptions, mental health conditions, and any history of seizures.
• Legal context: whether police were present, and any probation or court involvement, so the team can plan documentation.

None of this disqualifies anyone from care. It helps the clinical team decide the right level of care and the safest first 72 hours. The Substance Abuse and Mental Health Services Administration also runs a free, confidential, 24-hour National Helpline at 1-800-662-4357 for treatment referrals in any state.

A Note From Practice

In placement work, I have been on the phone with many parents and partners in the hours after an overdose. The ones who carry the most guilt are rarely the ones who called 911. They are the ones who waited. If you take one thing from this page, let it be this: call first, ask legal questions later, and use the days after the emergency to get your loved one into care while the door is open. If you want help thinking through next steps, our team offers a free treatment consultation, or you can reach us directly at (877) 328-1968.

This article is for educational purposes only and is not legal or medical advice. Laws change and their application depends on specific facts; consult a California attorney about your situation. If someone is unresponsive, not breathing, or having a seizure, call 911 immediately. If you or someone you know is in emotional crisis, call or text 988.