Calling For An Overdose
Health & Safety 481.115 — a defense for the first caller who stays, not an immunity
In Texas, the possession statute gives a defense to prosecution, not an immunity, and only for possessing less than one gram, the state jail felony grade.
Who it covers. The first person to request emergency medical assistance for another person's possible overdose, during an ongoing medical emergency, who stays on the scene until help arrives and cooperates with medical and law enforcement personnel. It also covers the person who overdosed, whoever made the call.
When the defense is not available. Any one of these takes it away:
- An officer was already arresting the person, or executing a search warrant describing the person or the place, when the call was made.
- The person was committing another offense at the time, apart from certain listed possession offenses.
- The person has a prior conviction or deferred adjudication under the controlled substances chapters, or already used this defense successfully.
- The person requested emergency help for an overdose at any time in the 18-month period before the offense.
The evidence. The defense does not keep out evidence gathered because of the call when it relates to an offense the defense does not cover.
| The assumption | What the law actually does |
|---|---|
| The assumptionCalling for help with an overdose means no charges for anyone | What the law actually doesA defense to prosecution for possessing less than one gram, for the first caller who stays and cooperates, or the person who overdosed |
| The assumptionThe defense can be used every time | What the law actually doesNot if the person requested help for an overdose in the 18-month period before, or already used the defense successfully |
Larger amounts, other drug offenses and what happens to evidence of them are not all on this page. What a particular situation carries is a question for a licensed Texas attorney.
Sources for this section (1)
- Health & Safety 481.115 — Possession of a substance in Penalty Group 1 or 1-B
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.