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