Calling for Help in an Overdose
KRS 218A.133 — no possession or paraphernalia charge for seeking help in good faith
A person is not charged with or prosecuted for possessing a controlled substance or drug paraphernalia when, in good faith, medical help with an overdose is sought from a public safety answering point, emergency medical services, an officer or a health practitioner, and the evidence came from the overdose and the need for help.
- It covers the person who calls, someone acting with them, and the person who appears to be overdosing.
- The person stays with the one overdosing until help arrives.
- Seeking help during an arrest warrant, a search warrant or a lawful search is not good faith under the section.
The protection does not reach the investigation or prosecution of other crimes.
Sources for this section (1)
- KRS 218A.133 — Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.