Missouri's Good Samaritan Law is designed to save lives. The goal is simple: people should not be afraid to call 911 during a drug overdose because they're worried about being arrested. If fear of prosecution keeps someone from making that call, people die. The law tries to remove that barrier.
But Missouri's Good Samaritan protections are not a blanket immunity from drug charges — and understanding the limits of the law is critical for anyone in central Missouri who may find themselves in that situation. There are actually two separate "Good Samaritan" laws in Missouri that apply to very different situations.
The Overdose Immunity Law: RSMo § 195.205
Missouri's overdose immunity law provides limited protection from drug prosecution when someone calls for emergency help during an overdose. Under RSMo § 195.205, a person who in good faith seeks medical assistance for someone experiencing a drug overdose may not be arrested, charged, or prosecuted for possession of a controlled substance — but only if they meet specific conditions.
What You Must Do to Qualify
To receive protection under RSMo § 195.205, the person seeking help must:
- Call 911 (or have someone else call) for emergency medical assistance
- Remain at the scene until help arrives
- Cooperate with law enforcement and emergency personnel
- Provide their name and relevant information to first responders
If you leave the scene before help arrives, you lose the protection. The law is designed to encourage people to stay and help — not to call and disappear.
What the Overdose Immunity Law Does NOT Cover
This is where most people are surprised. The immunity is narrow. It does not protect you from:
- Outstanding warrants — if you have an active arrest warrant, calling 911 doesn't prevent the officer from taking you into custody on it
- Drug trafficking or distribution charges — the immunity only covers simple possession for personal use
- Possession with intent to distribute — even if it's your personal supply, large quantities can result in distribution charges that aren't covered
- Probation or parole violations — the law doesn't immunize you against technical violations of supervision conditions
- Other crimes unrelated to simple possession — weapons charges, theft, or any other offense discovered at the scene
In practice, what this means is that calling 911 during an overdose will likely protect you from a simple possession charge tied to whatever substances were present. It won't protect you from everything else that officers might find or that might come up when they run your name.
Civil Immunity for Emergency Responders: RSMo § 537.037
There's a second, completely separate Good Samaritan law in Missouri — RSMo § 537.037 — that applies in a different context. This law provides civil immunity (not criminal) to people who render emergency care in good faith at the scene of an accident or emergency, without compensation.
This is the law that protects a bystander who performs CPR at the scene of a car accident from being sued if the CPR isn't performed perfectly. It's designed to encourage people to help in emergencies without fearing civil liability.
What "Good Faith" Means Under RSMo § 537.037
The civil immunity applies when emergency care is rendered in good faith — meaning the person genuinely believed the situation required immediate action and acted with the intent to help, not to harm. The law does not extend to situations involving gross negligence or willful misconduct. If someone acts recklessly in a way that makes the situation worse and it's far outside any reasonable standard of care, the immunity may not apply.
Charged with a drug offense after calling for help in Missouri?
Missouri's overdose immunity law may provide a defense — but only if the specific requirements were met. Chris Miller handles criminal defense cases across central Missouri. Free consultation, no fee unless we win.
Talk to Chris Miller →Why You Should Still Call 911 Even If You're Worried
The immunity under RSMo § 195.205 is real and meaningful. For someone with no outstanding warrants and no distribution-level quantity of drugs, the risk of calling 911 is dramatically lower than the risk of not calling and watching someone die from an overdose. Missouri's legislature made a deliberate policy choice to prioritize saving lives over prosecution of simple possession in these situations.
If you're in that situation, call 911. Stay. Cooperate. That's what the law requires, and it's what saves lives.
If You've Been Charged After Calling for Help
If you called 911 during an overdose and were subsequently charged with a drug offense, you may have a defense under RSMo § 195.205. An attorney can review the circumstances — whether you met the statute's requirements, whether the charges fall within the scope of the immunity, and what motions might be appropriate to file.
Bur Oak Legal handles criminal defense cases across central Missouri. Contact us for a free consultation if you're facing charges after trying to help someone.