Calling For An Overdose
W. Va. Code § 16-47-4 — a timely, good faith call, staying with the person, and no possession or underage drinking charge
In good faith, in time. A person who in good faith and in a timely manner seeks emergency medical help for someone who reasonably appears to be overdosing may not be held criminally responsible for possessing a controlled substance, or for underage drinking and public drinking offenses.
- Stays with the person until help is provided.
- Gives their name if emergency personnel or officers ask.
- Cooperates and gives the information needed to treat the person.
Those are the conditions for the immunity. Where it does not apply, seeking help may be considered as a mitigating factor at sentencing.
The immunity does not reach selling or serving alcohol to someone under twenty-one. A particular case is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 16-47-4 — Limited immunity from prosecution
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.