Calling For An Overdose
Health & Saf. Code 11376.5 — no crime of personal possession or being under the influence for seeking help
In California, it is not a crime for a person to be under the influence of, or to possess for personal use, a controlled substance or drug paraphernalia, when that person in good faith seeks medical help for someone else's drug-related overdose and does not obstruct medical or police personnel.
The person who overdosed is covered too. The same holds for the person who overdosed and needs help, when they or anyone at the scene seeks medical assistance in good faith. Seeking help includes a call, a written message, or data from a health monitoring device such as a smart watch.
- The section does not reach selling, giving or exchanging drugs, or giving someone drugs by force.
- It does not reach offenses made dangerous by drug use, such as impaired driving.
- It grants no other immunity, and none may be inferred from it.
Sources for this section (1)
- Health & Saf. Code 11376.5 — Drug-related overdose; immunity for seeking medical assistance
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.