Good Samaritan Law
Maryland’s Good Samaritan Law protects people assisting in an emergency overdose situation from arrest and prosecution for certain crimes.
The purpose of the law is to encourage any person who observes a medical emergency caused by the ingestion or use of alcohol or other drugs to seek medical assistance without fear of arrest or prosecution for:
- Possessing or using a controlled dangerous substance
- Possessing or using drug paraphernalia
- Providing alcohol to minors
Download a Good Samaritan Law Fact Sheet.
Who Is Protected?
The Good Samaritan Law applies to
any person who seeks, provides, or assists with the provision of medical assistance as the result of a person ingesting or using alcohol or drugs. It also applies to the victims if the victims receive assistance because someone else sought assistance for them.
What Protections Are Offered?
The law protects persons from criminal arrest, charge or prosecution for the six misdemeanors listed below where the evidence was obtained solely because of the act of seeking medical assistance:
- § 5-601: Possessing or Administering a controlled dangerous substance
- § 5-619: Drug Paraphernalia
- § 5-620: Controlled Paraphernalia
- § 10-114: Underage Possession of Alcohol
- § 10-116: Obtaining Alcohol for Underage Consumption
- § 10-117: Furnishing for or allowing underage consumption of alcohol
The law protects a person from a violation of a condition of pretrial release, probation, or parole, if the evidence of the violation was obtained solely as a result of a person seeking, providing or assisting with medical help to save someone’s life.
What Are the Limitations?
The Good Samaritan Law
does not apply to open warrants, immigration status, university regulations, drug felonies, or other crimes not listed above. It does not prevent law enforcement from conducting an investigation and gathering evidence.
The law
does not protect persons witnessing the medical emergency if they’re not helping with the medical emergency.
Protection for Businesses
Per the STOP Act, a cause of action may not arise against any business or business owner for any act or omission when the business or business owner in good faith makes opioid overdose reversal drugs available to the employees or patrons of the business along with the necessary paraphernalia for administration of the opioid overdose reversal drug (OORD) to an individual under 13-3104 or 13-3106.