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:
- 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.
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.
Sources for this section (2)
- HRS 329-43.6 — Overdose prevention; limited immunity
- 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.