Skip to content

Calling for Help With an Overdose

N.D.C.C. § 19-03.1-23.4 — someone who seeks help in good faith, stays and cooperates is immune from possession charges

An individual who in good faith seeks medical help for someone overdosing is immune from prosecution for possession of a controlled substance, drug paraphernalia and the listed related offenses, and for sharing drugs among those present. So is the person who overdosed.

Email
  • The caller remains on the scene until help arrives and cooperates with the treatment.
  • The person overdosing has to be in a condition a layperson would reasonably believe needs immediate medical help.
  • The immunity covers only evidence obtained because of the overdose and the call.
  • Calling during an arrest warrant, a search warrant or a lawful search is not good faith.
Sources for this section (1)
  1. N.D.C.C. § 19-03.1-23.4 — Overdose prevention and immunity

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

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.