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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.

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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)
  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.

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Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.