Understanding Pennsylvania’s Good Samaritan Law: Are You Protected?
If you or a loved one are ever present during a drug overdose, your immediate focus should be on saving a life, not worrying about facing criminal charges. In Pennsylvania, the Drug Overdose Response Immunity Act (DORIA)—often referred to as a "Good Samaritan," "medical amnesty," or "overdose immunity" law, was designed with exactly this goal in mind. The law's primary purpose is to prioritize lifesaving medical interventions over low-level drug arrests by removing the fear of prosecution during an emergency.
If you are facing charges and believe you should be protected under this law, here is what you need to know about how the immunity works, who qualifies, and why having an experienced attorney is critical.
How Do You Qualify for Immunity?
The Act provides a criminal shield to individuals responding to an overdose through two independent routes. A person is immune from prosecution, and may not even be charged, if they can establish one of the following:
The Transport Route: The person transported the overdose victim to a police agency, campus security office, or health care facility, and law enforcement only learned of the offense because of this action.
The Report-and-Remain Route: To qualify under this route, three conditions must be met:
(i) The person made a good faith report of a drug overdose to 911, police, campus security, or emergency personnel based on a reasonable belief that someone needed immediate medical attention to prevent death or serious bodily injury.
(ii) The person provided their own name and location and cooperated with authorities.
(iii) The person remained with the victim until emergency responders arrived.
The law defines a "drug overdose event" broadly, judging it by whether a prudent layperson with an average knowledge of health and medicine would reasonably believe the condition required immediate attention.
Crucially, the overdose victim is also protected. If the person who reported or transported the victim qualifies for immunity under the Act, the person experiencing the overdose receives immunity as well. The person who reports the emergency does not even need to have committed a crime for the victim to gain this derivative protection.
What the Law Covers—and What It Does Not
It is important to understand that this immunity is narrow. It only bars prosecution for specific minor possessory offenses, such as simple possession and possession of drug paraphernalia as well as minor probation or parole violations.
The Act expressly does not protect individuals from being charged with:
Delivery or distribution of a controlled substance.
Drug-induced homicide.
Serious offenses, even in cases where drug possession is an element of the crime (such as felony possession of contraband by an inmate).
Crimes where law enforcement obtained information "prior to or independent of" the person seeking emergency assistance.
Why You Need a Defense Attorney
Even if you meet the “Good Samaritan” criteria under Pennsylvania law, you can still be charged and prosecuted. You need an experienced attorney who knows the law to discuss dismissal of charges with the prosecution or present a robust defense at trial in these scenarios. Contact our office today to discuss your case.
