Can you get in trouble for helping during an overdose in California?
Medically reviewed by Asia, RN, BSN
Written by Justin Alcalde, AHA and American Red Cross instructor, CPR West Covina
Price and class details checked .
California law gives two kinds of protection. If you seek medical help in good faith for someone who is overdosing, being under the influence or having drugs for personal use is not a crime for you or for them, as long as you do not obstruct medical or law enforcement personnel. And a person who gives naloxone in good faith, not for pay, is not liable for civil damages unless there is gross negligence or willful or wanton misconduct. Neither law covers selling or sharing drugs, or driving under the influence.
Knowing the law is half of it and knowing the steps is the other half: our SOS First Aid app lays out the BLS response to opioid emergencies in numbered steps you can study at home.
What each law does, and does not do
| Law | What it does | What it does not do |
|---|---|---|
| Health and Safety Code 11376.5, the overdose Good Samaritan law | Makes it not a crime to be under the influence of, or to possess for personal use, a controlled substance, an analog or drug paraphernalia when you seek medical help in good faith for someone who is overdosing and do not obstruct medical or law enforcement personnel. The person who overdosed gets the same protection when someone at the scene seeks help. | It does not affect laws against selling, providing, giving or exchanging drugs, or driving under the influence. The law itself says no other immunities or protections from arrest or prosecution are intended or may be inferred. |
| Health and Safety Code 1799.113 | A person who, in good faith and not for compensation, gives an opioid antagonist such as naloxone at the scene of a suspected opioid overdose is not liable for civil damages. | It does not cover gross negligence or willful or wanton misconduct. It is about civil lawsuits, not criminal charges. |
| Civil Code 1714.22 | Lets prescribers issue standing orders so naloxone can be distributed, lets a person at risk of an overdose, or anyone in a position to help, have naloxone and pass it on, and gives the same civil protection for giving it in good faith. | The same exceptions apply: gross negligence or willful or wanton misconduct. |
What counts as seeking medical help
The Good Samaritan law counts any communication: speaking, writing, or data sent from a health monitoring device such as a smart watch. So a call or a text for help counts.
HSC 11376.5How to keep the protection
- Get medical help in good faith.
The protection starts with seeking medical assistance for the person who is overdosing.
HSC 11376.5 - Do not get in the way of responders.
The law protects a person who does not obstruct medical or law enforcement personnel.
HSC 11376.5 - Act in good faith when you give naloxone.
Civil protection covers good faith use without pay, and not gross negligence or willful or wanton misconduct.
HSC 1799.113Civil Code 1714.22
This page explains what the statutes say. It is not legal advice. For your own situation, talk with a California attorney.
Where sources differ
National summaries sound broader than California law. CDC says most states have laws that may protect a person who is overdosing, or the person who called for help, from criminal penalties. SAMHSA describes these laws as limited immunity from certain civil or criminal consequences. California's overdose law is narrower: it covers being under the influence and possession for personal use, not other offenses.
Learn it before you need it
Our SOS First Aid app is a good first step: ask its AI assistant about compression rates or AED use, then test yourself with practice quizzes built on the 2025 AHA guidelines. Practice builds the confidence the law protects, and Heartsaver First Aid CPR AED ($98) and Red Cross BLS both cover opioid emergencies.
Questions people ask
Can I be arrested for calling 911 during an overdose?
The Good Samaritan law makes being under the influence and possession for personal use not a crime when you seek help in good faith and do not obstruct responders. It also says no other protection from arrest or prosecution is intended, so it does not cover other offenses.
Can I be sued for giving someone naloxone?
Health and Safety Code 1799.113 and Civil Code 1714.22 say a person who gives naloxone in good faith and not for compensation is not liable for civil damages, except for gross negligence or willful or wanton misconduct.
Does the law protect the person who overdosed?
Yes. The person who overdosed has the same protection for being under the influence or possession for personal use when they, or someone else at the scene, seek medical help in good faith.
Do I need a prescription to carry naloxone?
Not for the over the counter nasal spray. CDPH says anyone can buy naloxone over the counter from a pharmacy or an online retailer. See where to get naloxone near West Covina.
Related guides
- What to do if someone is overdosing on opioids
- Where to get free or low cost Narcan near West Covina
- A workplace plan for an opioid overdose
Sources
This page is education, not medical or legal advice. In an emergency, call 911 first.
- California Health and Safety Code section 11376.5 (overdose Good Samaritan law)
- California Health and Safety Code section 1799.113 (civil immunity for giving an opioid antagonist)
- California Civil Code section 1714.22 (opioid antagonists, standing orders, civil immunity)
- CDC: What to Do If You Think Someone Is Overdosing (reviewed April 2, 2024)
- CDC: Lifesaving Naloxone (reviewed June 11, 2025)
- SAMHSA: Overdose Prevention and Response Toolkit, PEP23-03-00-001 (revised 2024)
- California Department of Public Health: Naloxone (updated June 5, 2026)
- American Heart Association: Heartsaver First Aid CPR AED course page
- American Heart Association: Heartsaver CPR AED course page
- American Red Cross: BLS training page