Calling for Help in an Overdose
W.S. 35-7-1064 — no prosecution for possession or use when help is sought in good faith
A person who in good faith seeks medical help for themselves or someone else, reasonably believing an overdose is happening, is immune from prosecution for drug possession and drug use arising from the same events.
Who handles this in Wyoming: Wyoming State Bar, attorney referrals; and legal aid programs and the state offices, listed in the Wyoming directory.
- The person gives the actual location of the overdose.
- They stay at the scene until an officer or emergency medical provider arrives, or at the medical facility until an officer arrives.
- They cooperate, including by describing the person and the substance that may have caused it.
- The person who overdosed shares the immunity under the same conditions.
A limit for the person who overdosed. The person who overdosed can receive this immunity no more than twice in a twelve month period, and the second time only after completing an approved treatment program. The limit does not apply to the person who called.
Sources for this section (1)
- W.S. 35-7-1064 — Drug overdose; 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 Wyoming attorney.