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Calling For An Overdose

Minn. Stat. 604A.05 — immunity for seeking help, giving a name, staying, and cooperating

In Minnesota, a person who in good faith seeks medical help for someone's drug-related overdose, or acts together with someone who does, is not charged or prosecuted for possessing, sharing or using a controlled substance under the sections listed, when the evidence came from seeking help and the person:

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  • Gives a name and contact information.
  • Stays on the scene until help arrives.
  • Cooperates with the authorities.

The person who overdosed is not charged with the possession or paraphernalia offenses listed, when the evidence came from the overdose. Pretrial release, probation, supervised release and parole are not revoked over an incident the immunity covers.

Seeking help during the execution of an arrest warrant, a search warrant or a lawful search is not good faith for this section.

Sources for this section (1)
  1. Minn. Stat. 604A.05 — Overdose; persons seeking or providing medical assistance

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