Calling For An Overdose
S.C. Code 44-53-1920 — immunity for the caller who gives a name and stays
- Acted in good faith, reasonably believing they were the first to call for help.
- Gave their own name to 911 or to an officer on arrival.
- Did not seek help during the execution of an arrest warrant, a search warrant or another lawful search.
- Uses their own name, fully cooperates with law enforcement and medical personnel, and stays with the person until help arrives.
Those are the conditions on which a person who seeks medical help for someone apparently overdosing on drugs or alcohol may not be prosecuted for the offenses the section lists, where the evidence was obtained because they sought help, on the premises or immediately after.
- Possessing a controlled substance, and possessing less than one gram of methamphetamine or cocaine base.
- Delivering a controlled substance, methamphetamine or cocaine base directly to the person overdosing.
- Possessing paraphernalia, or selling or delivering it to the person overdosing.
- Underage purchase or possession of alcohol, giving beer or wine to someone under twenty-one, and contributing to the delinquency of a minor.
The person who overdosed. A person who experiences a drug or alcohol related overdose and needs medical help may not be prosecuted for those offenses where the evidence was obtained because of the overdose, on the same conditions of giving their name and cooperating.
Where a person has sought help before under the article, the court may consider those earlier incidents in deciding whether to grant immunity again. For other drug or alcohol offenses, the decision to seek help may be considered in mitigation. Whether immunity applies in a particular case is a question for a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 44-53-1920 — Limited immunity for a person who seeks medical assistance for another
- S.C. Code 44-53-1930 — Limited immunity for overdose victim
- S.C. Code 44-53-1940 — Decision to seek medical assistance a mitigating factor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.