The Good Samaritan Law: The Good, The Bad, and The Ugly
Olivia Benge, BS, BFA
*This blog is not intended to be utilized for legal advice, only for educational purposes. If you are in need of legal support or have specific questions regarding your own legal issues, please contact a law office or your public defender. *
Let’s Start with a Story:
Around five years ago Johnny was sent to prison for possession of illicit substances. He was forcibly put into detox during his incarceration and whilst he saw a prison therapist, he was never really treated for his substance use disorder. He’s eventually released on probation and is met with the onslaught that is life: he goes from having every second of his day planned for him, having to read unspoken and unwritten social rules that could result in his life or death, to having no structure, no read on the people he’s interacting with. Anyone could be safe. Anyone could be unsafe.
It's overwhelming.
So, Johnny relapses, falling back on old reliable for when everything gets to be too much, because this he can at least control. He falls into old groups, who he knows aren’t the best influence, but they’re who he knows, who he is familiar with, who accepts him. They use together, it helps pass the time.
And then Johnny overdoses. No one is sure why, maybe the supply was tainted, maybe he took too much, maybe the room was too different. None of that matters, though, because Johnny is overdosing and they should do something, right?
But they don’t.
In fact, they run away.
But here’s the kicker, Johnny told them to do that. Johnny knew that if he got caught using, he would go right back into the system. Johnny’s friends knew that they’d likely be subject to the same fate. So, an agreement was made: if push comes to shove, you cut the loose weight and run.
Johnny doesn’t exist. He’s a stand-in for an experience that too many people have witnessed or been a part of. As much as we may not want to acknowledge it, his “story” is a failing on our part. It’s a failing on our legal system, our medical system, our emergency system, our educational system, it’s a failing on our society.
What is the Good Samaritan Law?
Many of us, when we hear the words “Good Samaritan Law” think about a doctor on a plane, or a worker in a crowd, off the clock and trying to save someone who enters a medical emergency just in case EMS takes too long. And we wouldn’t be wrong for thinking that, but we wouldn’t be fully right either.
The United States is experiencing an overdose epidemic. The CDC reports that in 2024, 80,391 people died of an overdose in the United States. That number is a decrease of 26.9% compared to 2023. The government acknowledged that this is a problem and a priority, and eventually determined that the best people to get to prevent overdose fatalities were the people who were using the drugs themselves. In Illinois, this manifested through Public Acts 096-0361 and 097-0678 as well as 720 ILCS 570/414 and 410 ILCS 710 (The Overdose Prevention and Harm Reduction Act).
Public Act 096-0361 amended the Alcoholism and other Drug Abuse and Dependency Act by establishing that
“A person who is not otherwise licensed to administer an opioid antidote may in an emergency administer without fee an opioid antidote if the person has received the patient information specified in paragraph 4 of this subsection and believes, in good faith, that the person is experiencing a drug overdose. The person shall not, as a result of his or her acts or omissions, be liable for any violation of the Medical Practice Act of 1987, the Physician Assistant Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute, or subject to any criminal prosecution arising from or related to the unauthorized practice of medicine or the possession of an opioid antidote.”
Put simply, Public Act 096-0361 establishes that a person acting in good faith will not be prosecuted for attempting to administer an opioid antidote to someone who appears to be experiencing a drug overdose. This does not, however, establish any specific protections for those who use drugs.
This is where Public Act 097-0678 comes in, which amends the Illinois Controlled Substances Act by adding section 414, stating:
“A person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit or lookalike substance or a controlled substance analog if evidence for the Class 4 felony possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount identified in subsection (d) of this section.”
For details on the specific amounts of substances that an individual can have on them whilst still qualifying for immunity, refer to here. 720 ILCS 570/414 establishes the same rights/protections for those in possession of methamphetamine.
So Public Act 097-0678 offers greater protections to people who use drugs in the case of an overdose, but some readers may have noticed a couple of potential issues. There is a difference between being charged/prosecuted and being arrested. This amendment doesn’t grant immunity from arrest, meaning that you could still potentially be arrested for possession, even if they won’t be able to charge you. This is where ensuring that our current law enforcement is aware of the Good Samaritan Law and its amendments is key in increasing the amount of people who call in an overdose. Another potential issue presents itself in the sentence “if evidence for the Class 4 felony possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance”. This is expanded on later in the amendment, stating the following:
“…the limited immunity described in (b) and (c) of this section shall not extend if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual described in subsection (b) or (c) taking action to seek or obtain emergency medical assistance.”
This ‘open to interpretation’ and case-by-case basis style relies on a level of trust that law enforcement will do what is honest, and that relationship has not been built between many law enforcement officers and people who use drugs. A survey of police officers across Illinois found that the willingness for officers to engage in and support harm reduction efforts boiled down to whether or not the officer in question viewed substance use under a moralistic framework. Put simply: does the officer believe that substance use is a moral failing (moralistic framework) or do they believe it’s a disorder and unrelated to a person’s moral value.
The study also found that whilst officers may be willing and trained in naloxone use, they had a level of reluctance to use it as they still held the stigmatized belief that naloxone use gives people who use drugs a reason to continue using. Over three-fourths of the officers interviewed at least somewhat agreed that harm reduction supplies like syringes and naloxone prolonged an individual’s substance use disorder. Additionally, the majority of officers surveyed were under the false belief that illicit use of buprenorphine (a medication for opioid use disorder) was solely on the basis of getting high. Buprenorphine is what is referred to pharmacologically as an “opioid partial agonist” meaning that it does interact with the same opioid receptors that a drug like heroin interacts with, but unlike heroin it only attaches enough to suppress withdrawal and cravings. Furthermore, buprenorphine experiences a ‘ceiling effect’ which means that increasing the dose won’t increase the effects, reducing the chance of overdose on the medication. To make a long story short: if a person who uses drugs has chosen buprenorphine to get high, they’re going to be in for a disappointment.
Given this lack of awareness and education on harm reduction and the struggles of people who use drugs, it shouldn’t be shocking to us that when faced with a law that puts most of the judgment calls into the hands of law enforcement, people who use drugs refuse to engage with it.
Last but not least in our summaries of various amendments and acts is 410 ILCS 710: Overdose Prevention and Harm Reduction Act. This Act provides protections for possession of materials supplied by a harm reduction program. Specifically, the act states:
“Employees, volunteers, and participants in harm reduction programs cannot be charged with or prosecuted for possession of:
- Needles, hypodermic syringes, or other drug consumption paraphernalia obtained from or returned, directly or indirectly, to a program established under this act.
- Residual amounts of a controlled substance contained in used needles, used hypodermic syringes, or other used drug consumption paraphernalia obtained from or returned, directly or indirectly, to a program established under this Act.
- Drug adulterant testing supplies such as reagents, test strips, or quantification instruments obtained from or returned, directly or indirectly, to a program established under this Act.
- Any residual amounts of controlled substances used in the course of testing the controlled substance to determine the chemical composition and potential threat of the substances obtained for consumption that are obtained from or returned, directly or indirectly, to a program established under this Act.”
Kane County Health Department notes that individuals who have received harm reduction supplies they plan to utilize should have a card on their person to show that they are a part of a harm reduction program and obtained their materials legally. However, this brings about a new issue: how do we ensure that the individuals with these supplies have the card on them at all times? Think about the amount of times you’ve seen a person who is drunk at a bar misplace their ID or their keys. We are holding people who use drugs to a standard that we don’t even hold ourselves to.
The Importance of Harm Reduction Legal Safety
Dave Purchase, a major harm reduction advocate, summed up why we should care about harm reduction in one simple quote: “A dead person can’t two-step, let alone twelve-step.” In the survey of police officers across Illinois, 77.5% stated they at least somewhat agreed that distribution of syringes and naloxone can prolong a person’s addiction. Frankly, they’re right, but not because the alternative is sobriety. The alternative to harm reduction is death. A person won’t even have the chance to get better if they’re six feet under.
In 2017, Christopher Williams of Florida was charged with manslaughter for calling 911 for his friend who was overdosing. He had helped purchase and secure the drug that was then overdosed on. Christopher Williams did the right thing, and was charged with manslaughter for it. What message does this send?
The importance of law enforcement understanding the intricacies of substance use disorder and their state’s Good Samaritan Law increases substantially in rural communities. Rural areas tend to have to travel farther distances to get to medical services, and the ones who arrive first at the scene of an emergency are police. These communities also tend to have fewer options for harm reduction services, if any options at all. Furthermore, the small population of rural communities means there is no anonymity for the individuals involved, and the stigma they will then be associated with could impact any future opportunities they seek out. The culmination of these factors are areas that have high rates of overdose and no one the people who use drugs trust enough to go to when it happens.
What Next?
Given all the information I’ve established, there are several recommendations legal, public health, and academic scholars have noted.
1. COMMUNICATION CAMPAIGNS
a. We need to increase general knowledge of Good Samaritan rights, both for the general public and for police. Special attention should be paid toward black communities, who have been found to have the least education around their Good Samaritan rights.
2. RECOVERY COACHES
a. In some communities they’ve adopted a program where people with lived experience are dispatched to the scene of an overdose to offer services around recovery navigation. Recovery/Treatment should not, however, be a requirement to access medical services and legal rights.
3. REMOVE LEGAL LOOPHOLES
a. States should ensure that their laws give immunity to arrest and not just to being charged/prosecuted. Arrest records can have devastating and long-lasting impacts, the lack of immunity regarding them increases fear of calling in a medical emergency and limits the amount of people we can save.
b. Additionally, calling in an overdose should be established as a mitigating factor (won’t grant immunity but will be considered in sentencing/punishment during trial) for any non-possession charges.
4. TRAINING FOR LAW ENFORCEMENT
a. As mentioned in the communication campaign recommendation, law enforcement needs general education of Good Samaritan rights. Furthermore, given how frequently they interact with people who use drugs, law enforcement should be required to attend trainings around substance use disorder and harm reduction history. The amount of misinformation and stigma that exists in police departments still needs to be addressed. During these trainings, it could be beneficial for police officers to hear a testimonial from a person in recovery with substantial lived experience. Research has shown that people become more empathetic to a marginalized community once they have met and interacted with them.
I understand that it can be difficult for people to wrap their mind around harm reduction measures, especially with how much stigma has been ingrained into our daily lives towards people who use drugs. An exercise I do on occasion with people who are struggling to empathize is to not think about these scenarios, like with Johnny back at the beginning, as random people who you have no connection with. Instead, think about that scenario and substitute in your child, your sibling, your best friend, for each of the roles. If your child was overdosing, would you want someone to call 911? If your child called 911 for someone who was overdosing and then was arrested for manslaughter, how would you feel? We are all someone’s child.
Sources:
Salim, L. (2024). Does This Law Apply to Me? An Examination of States’ Good Samaritan Overdose Laws and a Policy Proposal for a Uniform Approach to Combatting the Opioid Epidemic. Retrieved August 13, 2025. https://scholarship.shu.edu/cgi/viewcontent.cgi?article=1975&context=shlj
Baker, R., Fredericksen, R. J., Rudolph, A. E., Stopka, T. J., Walters, S. M., Fadanelli, M., Bolinski, R. S., Sibley, A. L., Stack, E., Crane, H. M., Korthuis, P. T., & Seal, D. W. (2024). Overdose responses among rural people who use drugs: A multi-regional qualitative study. Harm Reduction Journal, 21(107). https://doi.org/10.1186/s12954-024-01007-9
Reichert, J., Martins, K. F., Taylor, B., & Del Pozo, B. (2023). Police Knowledge, Attitudes, and Beliefs About Opioid Addiction Treatment and Harm Reduction: A Survey of Illinois Officers. Journal of Drug Issues, 0(0), 1-21. DOI: 10.1177/00220426231212567
Protection by Law. Kane County Health Department. https://kanehealth.com/opioid-awareness/Pages/Protection-by-Law.aspx
National Center for Health Statistics (2025, May 14). U.S. Overdose Deaths Decrease Almost 27% in 2024. CDC. https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2025/20250514.htm
Cohen & Donahue Attorneys At Law (2022, May 12). Understanding Illinois’ Good Samaritan drug overdose law. https://www.northernillinoislegalteam.com/blog/2022/05/understanding-illinois-good-samaritan-drug-overdose-law/
Jones, N (2019, March 25). Men sentenced to a year in jail after teen’s overdose death. News4JAX. https://www.news4jax.com/news/2019/03/25/men-sentenced-to-year-in-jail-after-teens-overdose-death/
Lopez, G (2017, May 24). He helped his overdosing friend by calling 911. Police slapped him with a manslaughter charge. Vox. https://www.vox.com/policy-and-politics/2017/5/24/15684664/opioid-epidemic-manslaughter-overdose-charge
Law Offices of Tedone & Morton, P.C. (2019, August 08). Who is to Blame for Death by Drug Overdose in Illinois? https://www.tedonemortonlaw.com/joliet-il-lawyer/who-is-to-blame-for-death-by-drug-overdose-in-illinois
PennState (n.d.) What are ethical frameworks? In PennState Center for Professional Personnel Development. Retrieved August 13, 2025. https://aese.psu.edu/teachag/curriculum/modules/bioethics-1/what-are-ethical-frameworks
Illinois Statutes Chapter 720. Criminal Offenses § 570/414 (2022). https://www.ilga.gov/Documents/legislation/ilcs/documents/072005700K414.htm
Public Act 096-0361, HB0497. § 99 (2010). https://www.ilga.gov/Legislation/publicacts/view/096-0361
Emergency Medical Services Access Law, SB1701. § 91/357 (1999). https://www.ilga.gov/Legislation/publicacts/view/097-0678