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Calling for Help in an Overdose

720 ILCS 570/414 — no arrest or charge for possession found because someone sought emergency help

A person who in good faith seeks or obtains emergency medical help for someone experiencing an overdose is not arrested, charged or prosecuted for drug possession or possession of paraphernalia where the evidence was found because they sought the help, and the amount is within the limits the section sets.

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Who handles this in Illinois: Illinois State Bar Association, Illinois Lawyer Finder; and legal aid programs and the state offices, listed in the Illinois directory.

The person experiencing the overdose has the same protection.

  • The limits include less than 3 grams of a substance containing heroin, cocaine or morphine.
  • Those violations cannot be the only basis for revoking parole, probation or pretrial release, or for a civil forfeiture, where the evidence came from seeking help.
Sources for this section (1)
  1. 720 ILCS 570/414 — Overdose; limited immunity

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

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