Maryland Department of Health
The Overdose Response Program

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​​​​Legal Authority and Protections

ORP Statute and Regulations

Enacted in 2013 by SB0610/HB0890​, the Maryland Overdose Prevention Program is codified in Article-Health-General, Title 13, Subtitle 31, Annotated Code Maryland, §13-3101 – 3109​. The regulations are available here​​.​​​

Good Samar​itan 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​.​

View Criminal Procedure § 1-210​.​

Who is Protec​​​ted?

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 Are the Prot​ections?

​The law protects persons from criminal arrest, charge or prosecution for the six misdemeanors listed below where the evidence w​​as 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 Furni​shing 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 Limita​​tions?

The Good Samaritan Law d​oes 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.​

Protections for Busi​nesses

Per the STOP Act​, § ​13-3108​ states 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.​ 

​​​Page content last checked December 12, 2024.​​

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