What does New York Penal Law Section 220.78 protect?
Section 220.78 protects a good-faith request for healthcare, protects the person experiencing the emergency, and restricts specified charges when the evidence comes from seeking or receiving that care. The statute applies to a drug or alcohol overdose and to another life-threatening medical emergency in which a reasonable person would believe healthcare is necessary.
The protection covers the caller even when the caller also needs medical attention. It also covers the person for whom care was requested, so the person experiencing the overdose does not need to make the 911 call personally.
What charges can the law prevent?
The law limits specified controlled-substance possession charges, limits specified cannabis and drug-paraphernalia charges, and limits underage alcohol-possession prosecution. The protection depends on the evidence being obtained because the person sought or received healthcare in good faith.
The statute focuses on charges and prosecution for protected conduct; it should not be read as a promise that every interaction with police will end without investigation. The facts, the alleged offense, and the source of the evidence all matter.
What does the law not protect?
New York's law does not create blanket immunity, does not protect every drug-sale allegation, and does not block prosecution for unrelated crimes. Section 220.78 preserves lawful seizure of evidence, permits evidence to be used against other people, and excludes the most serious Class A-I possession offense from its charge bar.
New York State Department of Health guidance also tells the public that open warrants and probation or parole violations are outside the law's protection. A narrower affirmative defense may apply to certain sale allegations when someone sought healthcare in good faith, but that defense has statutory exclusions and depends on the case facts.
How should someone respond to a suspected overdose?
Call 911, give naloxone when opioid exposure is possible, and support the person's breathing until help arrives. New York public health guidance also says to place a breathing person on their side, give another naloxone dose after two to three minutes when there is no response, and remain with the person because overdose symptoms can return.
The naloxone overdose response guide explains how the medication works, when repeat dosing may be needed, and why emergency evaluation remains necessary after a person wakes up.
How does naloxone protection differ from the 911 law?
Penal Law Section 220.78 limits specified charges, Public Health Law Section 3309 protects good-faith naloxone activity, and emergency medical care addresses the overdose itself. Section 3309 permits eligible people and organizations to obtain and distribute opioid antagonists and protects good-faith administration from criminal, civil, and administrative liability solely for that act.
These protections work together but answer different questions. Calling for care can trigger the possession-related protections in Penal Law Section 220.78, while giving naloxone is governed by the public-health protections in Section 3309.
Why does the law matter in New York?
Overdose can suppress breathing, delayed care can increase injury, and a prompt 911 call can connect the person with lifesaving treatment. The New York State Department of Health and OASAS overdose-related data presentation estimated 4,567 overdose deaths involving any drug during the 12 months ending December 2024; the figure was provisional when reported and may be revised.
The law reduces one reason a witness might delay seeking care, but legal protection cannot reverse an overdose. Emergency response, naloxone, and medical observation remain the immediate priorities.
When does overdose risk indicate a treatment need?
Emergency care stabilizes the immediate danger, clinical assessment identifies the pattern of substance use, and treatment planning addresses the risk of another overdose. Repeated overdose, escalating use, withdrawal, loss of control, and continued use despite harm can all support a comprehensive substance-use assessment after the person is medically stable.
People seeking structured follow-up care can review assessment, outpatient, and co-occurring-disorder options on the New York drug rehab page.
Frequently asked questions
Does New York's Good Samaritan Law protect both the caller and the person who overdosed?
Yes. New York Penal Law Section 220.78 protects a person who seeks healthcare in good faith and the person experiencing the overdose from specified possession-related charges when the evidence results from seeking or receiving care.
Can someone under 21 call 911 for an overdose in New York?
Yes. The law includes protection from prosecution for underage alcohol possession when the evidence was obtained because someone sought or received emergency healthcare in good faith.
Does New York's Good Samaritan Law protect drug sales?
The law is not blanket immunity for drug sales. It excludes specified serious offenses and does not prevent prosecution for unrelated crimes; Section 220.78 provides a narrower affirmative defense for certain sale allegations when its conditions are met.
Should someone give naloxone before calling 911?
Call 911 immediately and give naloxone as soon as it is available when opioid overdose is suspected. Naloxone can temporarily reverse opioid effects, but emergency medical care is still necessary because overdose symptoms can return.
Legal note: This page provides general educational information, not legal advice. New York law can change, and an attorney should evaluate how a statute applies to a specific case.