Calling For An Overdose
Penal Law § 220.78 — no charge for drugs, cannabis, underage alcohol or paraphernalia found by seeking care
In New York, a person who in good faith seeks health care for someone experiencing a drug or alcohol overdose or other life threatening emergency is not charged or prosecuted for a controlled substance or cannabis offense, other than a sale, or for underage alcohol possession or drug paraphernalia, over what was found because care was sought.
The person in the emergency is covered too, whether they sought care for themselves or someone sought it for them, including for cannabis possession by a person under twenty-one.
For a sale offense the section does not bar, seeking care in good faith is an affirmative defense for someone without a prior conviction for the most serious drug felonies it names.
Sources for this section (1)
- Penal Law § 220.78 — Witness or victim of drug or alcohol overdose
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.