Good Samaritan Laws for Overdose in Kansas & Missouri

Anyone with a substance use disorder, especially opioid use disorders, is at risk of life-threatening emergencies, such as an overdose. Unfortunately, some people are afraid to call for help when they are in an emergency involving illegal substances.1

Good Samaritan Laws are enacted to change this by reducing harm caused by substance abuse and saving the lives of those facing a medical emergency, like an overdose. The laws protect a person who is found to possess a controlled substance or paraphernalia from being arrested and criminally prosecuted.1

Good Samaritan Laws vary by state, however. Missouri laws are much broader and offer many more protections than those in Kansas, which only provides drug overdose immunity for two potential crimes.2,3 It is crucial to understand the laws in each state, as well as the treatment and recovery resources available to anyone with a substance use disorder.

What Are Good Samaritan Laws?

A Good Samaritan is a person who voluntarily assists another without any obligation or expectation of payment. The Samaritan Laws were established to save lives and protect people who provide aid from lawsuits or criminal charges when they help in emergencies. The laws were designed to encourage people who might not otherwise offer care to someone who is injured, ill, or in need of emergency services, for fear of legal or criminal repercussions.4

According to the law, the Good Samaritan must obtain the person’s consent to provide care if the person is conscious. If the person is unconscious or is not responding, the Samaritan can offer aid under the assumption of implied consent.4

Good Samaritan Laws are also known as 911 medical amnesty laws in some states.5 The scope of these laws varies from state to state. However, they both aim to encourage people to seek help for another person in emergencies, including overdoses.4

Missouri’s Good Samaritan Law

Senate Bill 831 is the Missouri act that gives you limited immunity from criminal charges, arrest, prosecution, conviction, or having forfeited property when you call for help to save someone from overdosing on a controlled substance. You have limited protection from charges such as possession of a controlled substance or paraphernalia.2

The limited immunity does not apply if you have an outstanding arrest warrant or are committing an offense other than the ones listed in the Good Samaritan Law Missouri regulations.2 The law does not apply to anyone committing crimes such as manufacturing, distributing, delivering controlled substances, or drug-induced murder. However, the fact that you were seeking help to save a life can be favorably considered by the judge during sentencing.6

Scope of Missouri Protections

Possession of drugs and paraphernalia is not the only protection included in the Missouri Good Samaritan Law. When seeking medical emergency services to save someone from overdosing or another life-threatening situation, you cannot be charged, prosecuted, or convicted for keeping or maintaining a public nuisance. You also cannot be arrested or charged with selling to a minor, misrepresentation of age to obtain alcohol, or possession by a minor. Furthermore, you cannot receive a violation of probation, parole, or a restraining order.2

Kansas’s Good Samaritan Law

Senate Bill 419 was recently passed in Kansas, which offers protection from someone who calls for law enforcement or medical emergency services to save someone or themselves from overdosing on drugs or alcohol. The Kansas Good Samaritan statutes state that if you are making an effort to save a life, you cannot be criminally charged if controlled substances or paraphernalia are found at the scene.3

To qualify for the immunity, you must cooperate with the police and emergency medical services. You must also remain at the scene until help arrives and provide relevant information to officials. The Kansas Good Samaritan Law is relatively new and continues to evolve. Currently, it only offers those two protections. In other words, you can still be charged with probation, parole, or pretrial release.3

Scope of Kansas Protections

Under the Good Samaritan Law Kansas, you are protected from being prosecuted for having a controlled substance or paraphernalia at the scene. Currently, there are no other protections in place. Additionally, the protections are only valid if you cooperate with investigators and emergency services personnel at the scene.3

If the amount of controlled substances found at the scene is enough to indicate distribution, immunity does not apply. Additionally, if you are already in the process of being arrested or if police are conducting an arrest warrant or search, the Kansas Good Samaritan Law does not provide protection. However, it can protect law enforcement from mistakenly arresting someone who meets the criteria for immunity. In these cases, police cannot face repercussions.3

Why Good Samaritan Laws Matter for Harm Reduction

People who misuse controlled substances are fearful that they will be arrested and sent to jail if they are caught with the drug or paraphernalia. Therefore, they are hesitant to call for help when they or someone with them has an adverse reaction or overdose while using the substance. 1

With an opioid epidemic happening nationwide, states are enacting Good Samaritan drug laws to reduce the number of fatalities associated with drug overdoses. In addition, they are making opioid-reversal drugs like naloxone more accessible. As a result, there are fewer overdose-related deaths.1

Good Samaritan Law Data and Awareness Impact

According to the National Institute on Drug Abuse, there were over 105,000 overdose deaths in the United States in 2023, a decline from 2022. They claim 72,776 overdoses involved fentanyl, also a decline from 2022.7 In a study on the Good Samaritan Laws and overdose mortality in the United States, researchers found there was a 7% decrease in all overdose deaths in areas with both Good Samaritan Laws that protect against arrest and access to Naloxone. Further, they found a 10% decrease in opioid overdose deaths and an 11% decrease in heroin and synthetic opioid overdose deaths. These results were compared to states that do not have these laws in place.1

A national survey on law enforcement reveals a need for improved communication and awareness among police and the public regarding the Good Samaritan Law for drug overdose. Ensuring drug users understand the laws may encourage them to fear being arrested or facing repercussions. For law enforcement, this can help them better understand a person’s rights within their jurisdiction.8

What to Do During an Overdose

If you, a family member, friend, or someone you know is misusing drugs, including opioids, you must know what to do in case of an overdose. First, recognize the signs of an overdose, which may include:9

• Slowed breathing
• Choking or gurgling sounds
• Limpness
• Going in and out of consciousness
• Pinpoint pupils

Next, call 911 for help immediately. If available, administer naloxone. Stay with the person and try to keep them awake and responsive. Lay them on their side to prevent them from choking.9

Remember that legal protections exist in Missouri and Kansas, so not only should you stay with someone who is overdosing, you should also cooperate with emergency personnel when they arrive.2,3

Addiction Recovery and Support in Kansas City

If you have overdosed or are worried about overdosing, consider getting treatment. Also, if you know someone who is at risk of overdosing, encourage them to get help. Empowered Recovery Center in Kansas City offers a range of rehab programs tailored to meet each individual’s unique needs.

The first step in seeking help is to contact our admissions department, where our admissions coordinators can assist you in answering any questions you may have, like, “What is the Good Samaritan Law?” They can also help you determine how to pay for treatment, whether with or without insurance. Contact us to learn more or to help verify your benefits online so that you can start on a path to recovery. Call today.

References

1. Hamilton, L., Davis, C. S., Kravitz-Wirtz, N., Ponicki, W., & Cerdá, M. (2021). Good Samaritan laws and overdose mortality in the United States in the fentanyl era. The International Journal on Drug Policy. Retrieved September 23, 2025, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9529169/
2. Revisor of Missouri. (2017). Immunity from liability for seeking or obtaining medical assistance for a drug overdose. Revisor of Missouri. Retrieved September 23, 2025, from https://revisor.mo.gov/main/OneSection.aspx?section=195.205
3. Kansas Department of Health and Environment. (2024). Good Samaritan Frequently Asked Questions. Kansas Department of Health and Environment. Retrieved September 23, 2025, from https://www.kdhe.ks.gov/DocumentCenter/View/42221/Good-Samaritan-FAQ-PDF
4. West, B., & Varacallo, M. A. (2022). Good Samaritan Laws. National Library of Medicine. Retrieved September 23, 2025, from https://www.ncbi.nlm.nih.gov/books/NBK542176/
5. Center for Bystander Intervention at Cal Poly. (2024). Medical Amnesty Initiative. Center for Bystander Intervention. Retrieved September 22, 2025, from https://www.withus.org/medical-amnesty-initiative
6. Missouri Senate. (2014). SB831 establishes the Missouri Good Samaritan Law for when emergency services are called for drug overdoses. Missouri Senate. Retrieved September 23, 2025, from https://www.senate.mo.gov/14info/BTS_Web/Bill.aspx?SessionType=r&BillID=29548978
7. National Institute on Drug Abuse. (2024). Drug overdose deaths: Facts and figures. NIDA. Retrieved September 23, 2025, from https://nida.nih.gov/research-topics/trends-statistics/overdose-death-rates#Fig2
8. Richardson, N. J., Ray, B., Smiley-McDonald, H. M., Davis, C. S., & Kral, A. H. (2023). National survey findings on law enforcement agency drug response practices, overdose victim outcomes, and Good Samaritan Laws. Drug and Alcohol Dependence. Retrieved September 23, 2025, from https://pubmed.ncbi.nlm.nih.gov/37236060/
9. Centers for Disease Control and Prevention. (n.d.). How and when to use naloxone for an opioid overdose. CDC. Retrieved September 23, 2025, from https://www.cdc.gov/overdose-prevention/media/pdfs/2024/04/Naloxone-Fact-Sheet_FamilyandCaregivers_HowandWhen_4_11_2024.pdf