Calling For An Overdose
ORS 475.898 — the caller and the person overdosing are immune from arrest for possession
Immune, both of them. A person who contacts emergency medical services or law enforcement to get medical help for someone experiencing a drug-related overdose is immune from arrest, prosecution or a civil penalty for the listed offenses, if the evidence was obtained because of the call. So is the person who needed the help.
- Possession of a controlled substance, including heroin, fentanyl, cocaine, methamphetamine, oxycodone, hydrocodone and methadone.
- Unlawfully possessing a prescription drug.
- Frequenting a place where controlled substances are used.
- Possession of drug paraphernalia with intent to sell or deliver.
Supervision and warrants. Neither person may be arrested for, or found in, a violation of pretrial release, probation, post-prison supervision or parole based on possessing or using a controlled substance discovered because of the call. Neither may be arrested on an outstanding Oregon warrant for one of the listed offenses where the person's location was learned because of the call.
The immunity does not reach other crimes, such as selling or manufacturing, and does not suppress evidence of them. It does not apply to federal warrants or warrants from other states. Whether it covers a particular case is a question for a licensed Oregon attorney.
Sources for this section (1)
- ORS 475.898 — Immunity from drug-related offenses or civil penalty for emergency medical assistance
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.