Does Ohio Have a Good Samaritan Law for Overdoses?
Yes. Ohio’s drug possession statute, Section 2925.11, says a “qualified individual” (defined below) “shall not be arrested, charged, prosecuted, convicted, or penalized pursuant to this chapter for a minor drug possession offense” or three related offenses when all of the conditions below are met.
The law protects three kinds of people, each called a “qualified individual” in the statute: someone “acting in good faith who seeks or obtains medical assistance for another person who is experiencing a drug overdose,” someone “who experiences a drug overdose and who seeks medical assistance for that overdose,” and someone “who is the subject of another person seeking or obtaining medical assistance for that overdose.”
Getting help is defined broadly. “Seek or obtain medical assistance” includes, “but is not limited to making a 9-1-1 call, contacting in person or by telephone call an on-duty peace officer, or transporting or presenting a person to a health care facility.”
What the Law Covers
The protection reaches a short list of offenses. Section 2925.11 defines a “minor drug possession offense” as “a violation of this section that is a misdemeanor or a felony of the fifth degree.” The statute adds three related offenses: possessing drug abuse instruments under Section 2925.12, using or possessing drug paraphernalia under division (C)(1) of Section 2925.14, and using or possessing marihuana drug paraphernalia under Section 2925.141.
The evidence has to come from seeking help or from the overdose itself. The statute requires that “The evidence of the obtaining, possession, or use of the controlled substance or controlled substance analog, drug abuse instruments, or drug paraphernalia that would be the basis of the offense was obtained as a result of the qualified individual seeking the medical assistance or experiencing an overdose and needing medical assistance.”
The 30-Day Screening and Referral
The protection holds only if, “within thirty days after seeking or obtaining the medical assistance, the qualified individual seeks and obtains a screening and receives a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional.”
The protection also depends on proof when a prosecutor asks for it. One of the conditions is that the person, “upon the request of any prosecuting attorney, submits documentation to the prosecuting attorney that verifies that the qualified individual satisfied the requirements of that division.” The statute limits what that proof shows: “The documentation shall be limited to the date and time of the screening obtained and referral received.” It also says nothing in the section “shall compel any qualified individual to disclose protected health information” in a way that conflicts with HIPAA or the federal rules on substance use treatment records, 42 C.F.R. Part 2.
The statute names two kinds of provider: “a community addiction services provider or a properly credentialed addiction treatment professional.” Under Section 5119.01, a community addiction services provider includes one that provides “Alcohol and drug addiction services that are certified by the director of behavioral health under section 5119.36 of the Revised Code.” Section 2925.11 does not define a properly credentialed addiction treatment professional. Before you book a screening for this purpose, ask the provider whether it is one of the two, and keep the paperwork that shows the date and time.
The Two-Time Limit
No one can be granted the protection more than twice. Section 2925.11 says it “does not apply to any person who twice previously has been granted an immunity” under that division, and “No person shall be granted an immunity under division (B)(2)(b) of this section more than two times.”
What the Law Does Not Do
The protection is narrow, and the statute lists what it leaves alone. It does not “Limit the admissibility of any evidence in connection with the investigation or prosecution of a crime” for a person who does not qualify or for any crime other than the listed offenses. It does not “Limit any seizure of evidence or contraband otherwise permitted by law.” And it does not “Limit or abridge the authority of a peace officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in that division.”
The police can still seize evidence or contraband when the law otherwise allows it. Officers can still detain a person or take a person into custody during an investigation, and arrest for any offense the protection does not cover, such as trafficking. A defense attorney can say how the law applies to your case.
If You Are on Probation or Post-Release Control
If you are on community control or post-release control and act under the Good Samaritan provision, the court or the parole board may not impose the violation penalties described in four other sections for a violation based on one of the listed offenses. Section 2925.11 applies those sections to a person “who is serving a community control sanction or is under a sanction on post-release control.”
For felony community control, Section 2929.15 says that when an offender was acting under the Good Samaritan provision and in so doing violated the conditions of community control based on a minor drug possession offense or one of the related offenses, “the sentencing court shall not impose any of the penalties described in division (B)(1) of this section based on the violation.” Section 2929.25 on misdemeanor community control, Section 2967.28 on post-release control, and Section 2929.141 on a person on post-release control who commits a new felony each say the same of the penalties they describe. Your probation or parole officer, or your attorney, can tell you which one applies to you.
Giving Naloxone: A Separate Protection
A second law covers the person who gives naloxone, the medication sold as Narcan. Section 3715.504 is written for “an individual who is not otherwise authorized under the Revised Code to administer drugs,” that is, a person with no other legal authority to give medication. Such a person may give an overdose reversal drug, and that authority “may be exercised by any individual who is in a position to assist another individual who is apparently experiencing an opioid-related overdose.”
A person who gives the drug under that authority is “not liable for damages in a civil action for injury, death, or loss to person or property for an act or omission that arises from administering the drug, and not subject to administrative action or criminal prosecution for an act or omission that arises from administering the drug,” if, acting in good faith, the person obtains the drug through one of the routes the law lists, gives it to someone “apparently experiencing an opioid-related overdose,” and “Attempts to summon emergency services as soon as practicable either before or after administering the overdose reversal drug.” Calling is not required if the person “knows that emergency services already have been summoned or are present.”
The state’s NaloxoneOhio site gives the public a shorter version: the law “protects an individual from liability when they administer naloxone to someone experiencing a possible opioid overdose, as long as they act in good faith, attempt to summon emergency services, and obtained the naloxone through a legal channel.”
Where to Get Free Naloxone in Ohio
Free naloxone is available across Ohio. The Ohio Department of Health coordinates Project DAWN, and its page says: “Anyone in Ohio can obtain free ORM and overdose response education through Project DAWN locations.” (ORM is the state’s short name for overdose reversal medication.) The department keeps a list of Project DAWN locations with each site’s county and address, including sites in Columbus and Dayton.
If no site is close, the Project DAWN page points to “the interactive map on NaloxoneOhio and other options to receive ORM through mail order.” The state’s Get Free Naloxone page says: “If you are in Ohio, you can get naloxone for you, someone you know, or your organization.”
You can also buy it. In 2023 the FDA approved Narcan 4 mg nasal spray for over-the-counter use, “the first naloxone product approved for use without a prescription.”
A pharmacist working under the state’s protocol can also dispense it without a prescription. Under Section 3715.502, a physician, physician assistant, advanced practice registered nurse or certified mental health assistant may authorize pharmacists, and the pharmacy interns they supervise, to use a protocol that the state board of pharmacy sets by rule. Once that use is authorized, “a pharmacist or pharmacy intern may dispense overdose reversal drugs without a prescription to either of the following in accordance with that protocol”: a person “who there is reason to believe is experiencing or at risk of experiencing an opioid-related overdose,” or “A family member, friend, or other individual in a position to assist an individual who there is reason to believe is at risk of experiencing an opioid-related overdose.”
For what to do during an overdose, follow the state’s How to Administer Naloxone page and the instructions on the product you have, and call 911.
After an Overdose: Getting Assessed and Treated
The thirty days start when you seek or get the medical help. The screening has to come from one of the two kinds of provider described above. Before you rely on a Leora assessment for the protection, ask admissions whether Leora meets the statute’s definition.
At Leora Behavioral Health, an assessment covers your medical history, your current alcohol and drug use, the medications you take and any mental health conditions, and a clinician works out which level of care fits. Both facilities welcome walk-ins, and you do not need a doctor’s referral to come in. Our guide to drug and alcohol assessments in Ohio covers what to bring.
Treatment for opioid use can include ambulatory detox, medication-assisted treatment in Columbus or in Dayton, and an intensive outpatient program. Our page on opioid addiction treatment explains the options. Leora accepts every Ohio Medicaid plan and every commercial insurance carrier, and admissions can check your coverage while you are on the phone.
If someone you love is the one who overdosed, our guide on how to help someone with an addiction covers what families can do next, and our article on Casey’s Law explains how a family can ask a court to order treatment.
Walk in or call first: Leora in Columbus or Leora in Dayton.
If Someone Is in Danger Now
Call 911 in an emergency. For a mental health or substance use crisis, call or text 988. The 988 Lifeline says it “is available 24/7/365.”
