Can I Be Charged With Drug Possession After Calling 911 for an Overdose in Maryland?

 Posted on October 28, 2026 in Drug Crimes

Maryland’s Good Samaritan Law protects people who seek emergency help for a suspected overdose from certain drug possession charges. That protection covers both the person seeking help and the person experiencing the emergency. It also covers certain probation, parole, and pretrial release violations. If you are facing charges after calling for help in 2026, our Anne Arundel County, MD drug possession defense lawyers can raise this protection on your behalf.

Which Drug Charges Does Maryland’s Good Samaritan Law Cover?

The law appears in Maryland Criminal Procedure § 1-210. It encourages people to seek emergency medical care after someone uses drugs or alcohol. The law protects people who seek help because they reasonably believe someone is having a drug- or alcohol-related medical emergency.

It covers simple drug possession and drug paraphernalia offenses. It also covers certain alcohol violations. This includes underage drinking and providing alcohol to minors. The law protects people from arrest, charges, and prosecution for these offenses. However, police can still investigate unrelated crimes.

The protection applies only when the evidence was obtained because someone sought, provided, or received emergency medical help, with no independent source for that evidence. Police reports and other records can help establish this.

Who Qualifies for Overdose Good Samaritan Protection in Maryland?

The law covers someone who calls 911 about a suspected overdose. It also covers someone who drives the person to a hospital or helps provide emergency care. Giving naloxone, a medication that can reverse an opioid overdose, or performing CPR can also qualify. Anyone seeking or providing help needs to act in good faith.

The person experiencing the emergency is also protected. They do not need to call 911 or ask for help themselves. Maryland courts have recognized this protection even when someone refuses medical treatment after a suspected overdose. Someone seeking or providing help can qualify based on a reasonable belief that a medical emergency is happening, even if no overdose is confirmed. 

The law applies regardless of age, including to minors involved in alcohol-related emergencies. However, simply being present does not qualify someone for protection. A person who only watches and does nothing to get or provide help is not protected just because they were there.

What Is Not Covered by Maryland’s Overdose Good Samaritan Law?

The law does not protect you from every charge or legal consequence. It does not cover:

• Distribution, manufacturing, and trafficking offenses

• Possession with intent to distribute

• Outstanding arrest warrants

• Driving under the influence

• Weapons offenses

• Federal charges or immigration consequences

• Other offenses not specifically covered by the statute

Police can still investigate unrelated crimes and enforce an existing warrant. If police already had evidence of drug possession before the emergency call, the law might not prevent prosecution. An attorney can review when and how police found the evidence. Neither the emergency call nor an earlier investigation automatically decides whether the law applies.

Can an Overdose Call Affect Probation or Parole in Maryland?

Maryland also protects people on probation, parole, or pretrial release. They cannot be punished for a supervision violation if the evidence came only from efforts to get or receive emergency medical help.

For example, someone who calls 911 for a friend who is overdosing should not face a probation penalty based only on evidence found during the emergency response. The person experiencing the overdose receives the same protection.

However, the law does not protect against violations proven through other evidence. If your supervision officer brings up the incident, tell your attorney about the emergency call right away. Your attorney can review 911 records and medical reports to show how police learned about the violation.

What Should You Do if Police Charge You After an Overdose Call in Maryland?

Tell your attorney immediately that the police encounter began with a request for medical help. Explain who called, what the caller reported, and when officers arrived.

Save records that show what happened and when. The 911 recording, dispatch records, ambulance and hospital records, and body camera footage can help show that the encounter began as a medical response. Your lawyer can request these materials and compare them with the police account.

Note exactly what officers found and where. The immunity question turns on whether the evidence came solely from the medical response. Do not assume the court will identify the issue without a legal challenge. Your attorney can ask the court to apply these protections and dismiss the charges covered by the law.

Contact Our Annapolis, MD Drug Crimes Defense Attorneys

Our firm brings over 50 years of combined legal experience to Maryland drug cases. The Good Samaritan Law exists so that people call for help rather than hesitating. When charges follow a qualifying emergency call, the right evidence and legal arguments can protect you from prosecution.

Contact Henley & Henley, Attorneys at Law at 410-280-0530 to talk to our Anne Arundel County, MD drug possession defense lawyers today.