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Calling for Help in an Overdose

HRS 329-43.6 — the caller and the person overdosing are not charged with possession on what the call turns up

A person who in good faith seeks medical help for someone experiencing a drug or alcohol overdose, and the person overdosing, are not arrested, charged, prosecuted, convicted, or subject to civil forfeiture where the evidence was gained as a result of seeking the help, for:

  • HRS 329-43.6
  • Possessing a controlled substance or drug paraphernalia.
  • Underage drinking, or an adult providing liquor to a minor.
  • Violating a restraining order.
  • Violating probation or parole.
  • HRS 329-43.6
  • HRS 281-101.5
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Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.

Seeking help includes calling 911, the police, a poison control center or a medical provider, helping someone who calls, and caring for the person until help arrives. In a prosecution the immunity does not cover, the court considers seeking help as a mitigating factor.

  • HRS 329-43.6
Sources for this section (2)
  1. HRS 329-43.6 — Overdose prevention; limited immunity
  2. HRS 281-101.5 — Prohibitions involving minors; penalty

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.

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