911 Good Samaritan Law

New Mexico has one of the highest rates of drug overdose deaths in the nation. New Mexico policies should focus on saving the life of the overdose victim by encouraging witnesses of an overdose to call 911.

Starting June 15, 2007, a new law in New Mexico will help address the high rate of drug-related overdose deaths in our state by encouraging individuals to call 911.

Many witnesses to drug-related overdoses do not call 911 for fear of criminal punishment for drug use or possession. The 911 Good Samaritan law helps to eliminate some of the fear when calling 911 for help during an overdose. This new law provides limited immunity from drug possession charges when a drug-related overdose victim or a witness to an overdose seeks medical assistance.

The law does not protect people from prosecution for other offenses, including drug trafficking charges. This policy would not protect those with outstanding warrants, and would not interfere with law enforcement protocols to secure the scene of an overdose.

New Mexico is taking a practical stance in preventing these rising drug-related overdose death rates by encouraging overdose witnesses to call 911 and protecting witnesses who call emergency services from any potential police involvement/reprimand because of drug possession at the overdose location. Calling 911 should be the first response of those witnessing a drug-related overdose – not delay because of fear of the criminal justice system.

New Mexico is already seen as a national model on how a state can employ public health measures to consistently reduce drug overdoses and save lives, and the addition of this law only furthers the leadership of our state. New Mexico’s nationally recognized overdose prevention measures continue to set the standard across the country by protecting witnesses who call emergency services to prevent an overdose fatality.

More Information

• 911 Good Samaritan Fact Sheet 
• 911 Good Samaritan Talking Points
• 911 Good Samaritan Bill Text

Media Coverage of the New 911 Good Samaritan Law

• New Mexico Bars Drug Charge When Overdose is Reported - New York Times [04-05-07]

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