Calling For An Overdose
Va. Code 18.2-251.03 — no arrest for possession or public intoxication after seeking help, staying, and giving a name
In Virginia, no one is arrested or prosecuted for underage alcohol, unlawful marijuana, possession of a controlled substance or paraphernalia, public intoxication, or involuntary manslaughter under the overdose section, when all of these are true:
- The person in good faith sought emergency medical attention for their own overdose or someone else's, or was the one overdosing while someone else sought it, or gave CPR or naloxone while someone else sought it.
- The person stayed at the scene, or where the person needing help was taken, until a law enforcement officer responded.
- The person identified themselves to the responding officer.
- The evidence came from seeking help or giving care.
A similar protection covers someone who seeks help and reports an act of sexual violence, though not the person accused of it. The version saved here is in force until July 1, 2027.
Sources for this section (1)
- Va. Code 18.2-251.03 — Safe reporting of overdoses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.