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Calling For An Overdose

SDCL § 34-20A-110 — no arrest or prosecution for possession when the call is for another's overdose, once

A person who calls law enforcement or emergency medical services to report that someone needs help for a drug-related overdose is not arrested or prosecuted for possessing or using a controlled substance, misdemeanor or felony.

  • SDCL § 34-20A-110
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  • The evidence was obtained because the person sought help for another.
  • The other person needed help for an immediate health or safety concern.
  • The person stayed on the scene and cooperated.
  • SDCL § 34-20A-110

The immunity holds only if all of those are true. The person who overdoses has the same protection, for evidence obtained because of the overdose.

  • SDCL § 34-20A-110
  • SDCL § 34-20A-111

Only once. A person qualifies for this immunity only once.

The immunity reaches possession and use, not other charges. A particular case is a question for a licensed South Dakota attorney.

  • SDCL § 34-20A-110
Sources for this section (3)
  1. SDCL § 34-20A-110 — Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose
  2. SDCL § 34-20A-111 — Reporting drug-related overdose; Limited immunity
  3. SDCL § 34-20A-113 — One-time immunity

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

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