Maryland's Good Samaritan Law

 

The Maryland Coalition of Families receives funding from the Maryland State Department of Health to spread the work and educate the public on the Good Samaritan Law. We are in a unique position to help provide this education because we’re working with families who often have a loved one with a substance use disorder. Arming them with this knowledge is crucial and may help them save their loved one’s life.

Sometimes, when people are together using drugs or drinking alcohol and one of them begins to have a medical emergency, the others in the group are fearful of calling 911 for help. They are worried that they will be charged with a crime for their own substance use or concerned about getting the person who is experiencing the emergency in trouble.

The Good Samaritan or “Good Sam” Law at its core is a measure to ensure that when people are having a life-threatening medical emergency caused by use of drugs or alcohol, bystanders can call for help without the fear of arrest, charge, or prosecution for certain crimes.

The Law not only applies to the person who calls 911 but also the person who is having the medical emergency. Basically, the law is intended to save lives by providing temporary immunity from certain charges that could otherwise arise from calling EMS in an overdose situation.

The law protects people from criminal arrest, charge, and prosecution from these misdemeanors when evidence was obtained solely because of the act of seeking medical assistance.

  • Possessing or using a Controlled Dangerous Substance (CDS)
  • Possessing or using controlled or drug paraphernalia
  • Obtaining alcohol for underage drinking
  • Furnishing or allowing underage drinking
  • Underage possession of alcohol

This means that the person calling for help and the person having the medical emergency cannot be arrested, charged, or prosecuted for using drugs, or even for having them on their person.

There are some limitations to the law, however, that are important to know.

  • First, the law does not protect anyone who is a witness to the medical emergency but not directly involved in helping with it.
  • The law also does not apply to drug felonies or other crimes not covered by the statute.
  • The Law does not prevent law enforcement from investigating or gathering evidence either. This means if there are felonies or other crimes taking place, the individuals involved can be charged with those crimes.
  • The Law does not protect someone from arrest if they have open warrants.
  • If the caller or the person experiencing the medical emergency is on parole, calling 911 will not impact their parole status.

The Maryland Coalition of Families offers trainings on the Good Samaritan Law to members of the public at no cost.  We can conduct in-person or virtual trainings for businesses, faith-based organizations, schools, law enforcement agencies, or any other group who might be interested in learning how the Good Sam Law can save lives.  Please reach out to our Good Samaritan Ambassador for more information!

 

 

 

 

The Maryland Coalition of Families is proud to partner with the Maryland Department of Health to save lives by spreading the word about Maryland's Good Samaritan Law. Learn more at Maryland Office of Overdose Response.

 

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