Understanding The Massachusetts Good Samaritan Overdose Law

What is the Massachusetts Good Samaritan law and what protections does it offer for people who have overdosed on illicit substances?

What Are Good Samaritan Laws?

The term “Good Samaritan law” is informal shorthand for legislation that protects people from being prosecuted for actions related to rendering emergency aid to someone else. The name is a reference to a Biblical parable about a man from Samaria who stops to care for a traveler who had been beaten, robbed, and left in the road – and who had been ignored by other passers-by.

According to an April 2004 article in the AMA Journal of Ethics, the first Good Samaritan law was passed in California in 1959. 

Initially, Good Samaritan laws were designed to safeguard off-duty physicians who were providing medical assistance outside their area of expertise. Through the years, the intent of these laws expanded to include individuals with no medical training who attempt to intervene in a variety of circumstances, such as trying to save someone who had overdosed.

Today, all 50 states and the District of Columbia have some type of Good Samaritan law, though their focus and scope can vary from one jurisdiction to the next. 

Understanding the Massachusetts Good Samaritan Law

Today’s post is focused on the Massachusetts Good Samaritan law that relates to drug overdoses. But the state actually has several Good Samaritan laws on the books, including:

• Chapter 94C, Section 34A – This is the Good Samaritan law about drug overdoses. We’ll be discussing this in greater detail below.
• Chapter 112, Section 12V – This law protects non-professionals who attempt to provide CPR, use a defibrillator, or otherwise try to save a person who has suffered an apparent heart attack. 
• Chapter 138, Section 34E – According to this law, individuals under the age of 21 who either provide or receive medical assistance for alcohol-related incapacitation cannot be charged with underage possession of alcohol in most cases.
• Chapter 258C, Section 13 – Under this law, people cannot be sued in civil court for anything they did or didn’t do while trying to help a victim of a crime, as long as their actions did not meet the legal threshold for “willful, wanton or reckless conduct.”

Chapter 94C, Section 34A

Now let’s turn our attention back to the first law in the list above.

Massachusetts General Law, Chapter 94C, Section 34A establishes the following protections in circumstances that involve drug overdoses:

• If you seek medical assistance for a person who has overdosed, you will not be charged or prosecuted for possession of a controlled substance, nor will you be considered to be in violation of the conditions of your probation or pretrial release.
• If you seek medical assistance for your own overdose, you will be protected in the same ways described in the previous bullet point.
• If you are being prosecuted under the Controlled Substances Act, your efforts to seek medical assistance for someone who has overdosed may be used as a mitigating factor in that prosecution.
• It is legal for any person to receive a prescription for naloxone (Narcan), possess the medication, and administer it to someone who appears to have overdosed on opioids.

Protection Limits

It is important to understand that the Massachusetts Good Samaritan law does not provide blanket immunity for all drug-related crimes just because your or someone you are with overdoses. 

The intent of the law is to ensure that people don’t hesitate to help others, or get help for themselves, due to fear that seeking that help will cause them to be prosecuted for drug possession and use. 

What does this mean in practice?

Here are two examples:

• You and a friend are using heroin. Your friend overdoses, and you call 911. When the first responders arrive, they observe a small amount of heroin in plain sight. But the only reason they are there is because you called them to save your friend. Chapter 94C, Section 34A protects you from being prosecuted for having that heroin.
• You and a friend are using heroin. A police officer observes you and approaches you. In a panic, you swallow the rest of your drug supply, which causes an overdose. Chapter 94C, Section 34A does NOT protect you from being prosecuted for heroin possession, because the officer’s presence was NOT the result of your efforts to seek help for an overdose. 

Also, Chapter 94C, Section 34A clarifies that none of its overdose-related protections will prevent you from being charged with trafficking or distributing controlled substances, or possessing them with the intent to distribute.

How to Prevent Overdose

The only guaranteed way to prevent overdose is to not use opioids or other dangerous drugs. Unfortunately, once you have become addicted to opioids, benzodiazepines, stimulants, or alcohol, it can be extremely difficult to stop. 

Intense cravings and painful withdrawal symptoms can keep people trapped in active substance abuse even if they have a strong desire to end their drug use for good. But the situation is not hopeless. When you get effective care from a reputable addiction treatment provider, you can quit using substances, eliminate your risk of overdose, and start living a much healthier life in recovery. 

There’s no single type of treatment or course of care that’s right for everyone. This is why it is so important to choose a rehab like Lake Avenue Recovery Center, where you can receive personalized services that reflect your unique history, needs, and goals. 

With our help and a concerted effort on your part, your life can get much better. When you’re ready to get started, we’re here for you.

Learn More About Addiction Treatment in Massachusetts

Lake Avenue Recovery Center offers customized outpatient care for adults whose lives have been disrupted by addictions and co-occurring mental health concerns. 

Treatment options at our rehab in Worcester, MA, include a high-intensity outpatient program (which is similar to day treatment or partial hospitalization) and an intensive outpatient program. In each of these programs, you will work in active collaboration with a team of dedicated professionals who are truly invested in your success.

To learn more about how we can help you or a loved one, or to schedule a free assessment, please visit our Admissions page or call us today.