Texas Good Samaritan Drug Overdose Law

What the law covers

Texas Health & Safety Code §483.106 provides immunity from:

• Possession of less than 1 gram of Penalty Group 1 substances (cocaine, meth)
• Possession of less than 2 grams of Penalty Group 2 substances (Adderall, MDMA, THC concentrates)
• Possession of less than 4 grams of Penalty Group 3 substances (certain benzodiazepines, cough syrup)
• Possession of less than 28 grams of Penalty Group 4 substances (low- compounds, certain controlled substances)
• Possession of less than 2 ounces of marijuana

The immunity applies to:

• The person experiencing the overdose
• The person seeking emergency medical assistance for the overdose victim
• The person on whose request medical assistance was sought

Requirements for immunity

To qualify for §483.106 immunity, the person must:

1. Be acting in good faith in seeking emergency medical assistance
2. Be the first person to seek the assistance for the overdose
3. Remain at the scene until emergency services arrive
4. Provide truthful information to emergency responders and law enforcement about the situation
5. Provide identification upon request

Each element matters. Fleeing the scene, lying about substance use, or refusing to identify yourself eliminates immunity.

What the law does NOT cover

Important exclusions:

• Delivery or distribution charges. If the same substance supports delivery charges (large quantity, packaging, scales, communications), immunity does not apply
• Manufacture charges. Production-related offenses excluded
• Amounts above thresholds. 1+ gram PG1, 2+ grams PG2, etc.
• Outstanding warrants. Immunity does not protect from execution of unrelated arrest warrants
• Other offenses observed at scene. Firearms violations, child endangerment, fraud, etc. can be charged independently
• DWI and other intoxication offenses. Immunity covers possession, not intoxication-related conduct
• Federal charges. §483.106 is state law; federal prosecutions can proceed regardless
• Probation or parole violations. Active supervision violations are not immunized

When and how to invoke immunity

Practical guidance:

1. Call 911 immediately. Don't delay due to concerns about charges
2. Stay at the scene. Remain until emergency services arrive and are providing care
3. Provide truthful information about substances. Help responders treat the patient effectively; this is also required for immunity
4. Identify yourself. Provide ID when asked
5. Invoke the law explicitly if charges are threatened. "I am here under the Texas Good Samaritan law, §483.106. I called for medical help for an overdose."
6. Request counsel before making detailed statements. Cooperate with emergency care; do not provide detailed statements about the source of substances or other potentially incriminating information
7. Document what happened. Names of responders, times, location, witnesses for later defense purposes
8. Engage criminal defense counsel. Even with immunity, post-event consultation ensures protection of rights

Limitations and reform efforts

Texas's Good Samaritan law is narrower than most states:

• Many states cover all possession charges regardless of weight
• Many states cover paraphernalia charges
• Many states cover probation/parole violations
• Texas's weight-tier limits exclude many real-world overdose situations

Reform advocates have pushed for broader Texas Good Samaritan protections. 2023 legislative proposals would have expanded immunity but were not enacted. The narrow framework creates persistent disincentives to seek emergency help — some people delay or avoid 911 calls due to fear of charges that the law does not immunize.

Despite limitations, the law remains important. In genuine overdose emergencies, calling 911 saves lives. The legal exposure that may follow is almost always manageable through defense counsel — and significantly preferable to allowing a person to die.