If you live in Georgia or if you’re the parent of a child who’s attending college here, it’s important to know about the “911 Medical Amnesty” law. All states have some version of an overdose immunity law – sometimes referred to as a Good Samaritan law. These laws typically provide some immunity from arrest, charge and/or prosecution for relatively minor drug-related crimes for those who get emergency medical assistance for someone suffering an overdose.
Each state’s law is different. Let’s review some of the highlights of Georgia’s law.
Who qualifies for immunity under this law?
Georgia law provides immunity for possession of a small amount of illegal drugs (typically what people would have for their own use) and immunity from penalties for violating conditions of probation, parole and pretrial release. To qualify for this immunity, a person must stay at the scene until first responders arrive and cooperate with them (including law enforcement).
They must also have sought help “in good faith.” That means they must have called for emergency aid to save someone suffering an overdose. Alerting police already on the scene to an overdose to avoid imminent arrest would not be considered “in good faith.” Unlike in some states, in Georgia, this immunity extends to the person suffering the overdose. That’s true whether they seek help for themselves or someone else gets help for them.
One tragic case
Knowing about this law can make the difference not just between life and death for an overdose victim. It can mean the difference between not facing any charges and a life-changing prison sentence for those around them.
In 2023, for example, after a teen died from an overdose in Gwinnett County, his best friend was charged with concealing a death, which is a felony, because he failed to get help or to report his friend’s fatal overdose. The deceased teen was found by his parents, who tracked him down through social media.
Although the law provides immunity from arrest and prosecution for minor drug offenses discovered because someone sought help, it can’t guarantee that police won’t arrest someone based on what they can discern at the scene. That’s why it’s crucial for those mistakenly arrested – and for anyone facing drug-related charges – to exercise their right to an attorney as soon as possible.