Maryland's Good Samaritan Law: What Baltimore Residents Need to Know About Opioid Overdose Protection

Maryland's Good Samaritan law offers legal protection to people who witness opioid overdoses and call for help, and to those experiencing overdoses themselves. This guide explains what the law covers, how it works in Baltimore specifically, and what gaps remain in practice.

What the Law Protects

Maryland's Good Samaritan statute (Maryland Health-General Article § 5-602) shields both the person who calls 911 during an opioid overdose and the person overdosing from criminal prosecution for drug possession or simple drug paraphernalia possession. The protection applies when someone calls for emergency medical services and remains at the scene until help arrives, or when the overdosing person is the first to call 911 themselves.

The law does not protect against charges related to drug distribution, manufacture, or sale. It also does not cover possession of other controlled substances beyond opioids, or paraphernalia charges unrelated to opioid use. This distinction matters in Baltimore's enforcement landscape: police retain discretion to pursue charges that fall outside the statute's narrow scope.

How Baltimore EMS Responds

Baltimore City Fire Department operates all emergency medical response in the city. When a 911 call reports an overdose, paramedics are dispatched and will typically administer naloxone (Narcan) if opioid overdose is suspected. The fire department does not independently verify Good Samaritan claims during response. Instead, the legal shield applies after the fact if charges are considered.

Baltimore's overdose deaths averaged 337 annually from 2018 to 2022, with fentanyl involved in the majority of cases. The difference between calling for help and not calling is often the difference between survival and death, but fear of legal consequences remains a documented barrier to those calls in Baltimore neighborhoods. The Good Samaritan law exists precisely to remove that barrier, though awareness of the law's existence is not uniform.

Invoking the Protection

If arrested on drug possession charges after calling 911 during an overdose, the defendant or their attorney must affirmatively raise the Good Samaritan defense. The law does not prevent arrest; it prevents prosecution. This distinction is important. A person can still be taken into custody, processed at the Baltimore City Police Department's Central Booking, and held pending bail or release, even if they ultimately qualify for protection under the statute.

The burden of proof rests on the defendant to demonstrate that the charges meet the statute's conditions: that an overdose occurred, that emergency services were called, and that the possession charge relates only to opioids or opioid paraphernalia. Public defenders in Baltimore City can raise this defense, and the Public Defender's Office handles the vast majority of drug possession cases in the city.

Practical Limitations in Baltimore

The Good Samaritan law functions as a legal shield, not a prevention of police contact. Several documented gaps exist between the law's text and its application:

Knowledge gaps. Many Baltimore residents, particularly those most at risk for overdose, report uncertainty about whether calling 911 will result in arrest. Community organizations including Addiction Allies and the Baltimore Harm Reduction Coalition conduct outreach to communicate the law's existence, but coverage remains incomplete.

Naloxone availability. Good Samaritan protection means little if naloxone is not accessible. Baltimore pharmacies in West Baltimore, Dundalk, and Highlandtown neighborhoods often stock naloxone over-the-counter, but availability is inconsistent. The Baltimore Health Department distributes naloxone kits free through syringe service programs and community partners, but these programs operate in limited locations.

Officer discretion. Police can still arrive and make arrests even when a Good Samaritan call occurred. Charges may later be dropped, but the immediate consequence is custody. Documentation of the 911 call time and circumstances is therefore crucial, because it establishes the timeline needed for a Good Samaritan defense.

Where to Get Naloxone in Baltimore

The Baltimore Health Department provides naloxone kits without charge at the Addiction Allies drop-in center on East Baltimore Street and through mobile outreach. Naloxone is available without a prescription at many Baltimore pharmacies including CVS and Walgreens locations throughout the city; some require asking at the pharmacy counter rather than finding it in stock on shelves. Heroin and Opioid Task Force affiliates also distribute kits at community events.

Knowing where to obtain naloxone matters because 911 response times in Baltimore vary significantly by neighborhood. In Fells Point and Canton, average EMS arrival is under 6 minutes. In Sandtown-Winchester and parts of East Baltimore, arrival times average 9-12 minutes, and at peak call volumes can exceed 15 minutes. Bystander-administered naloxone during this window can prevent death.

When the Law Does Not Apply

Police can still prosecute possession charges if the arrest involved substances other than opioids, or if the arrest occurred under circumstances the law does not cover. A person found with heroin and cocaine together, for example, cannot claim Good Samaritan protection for the cocaine possession. A person arrested for distribution based on evidence of sales activity receives no protection even if opioids were involved.

Additionally, Baltimore police may pursue charges related to parole or probation violations, outstanding warrants, or other offenses discovered during booking, even if the possession charge itself is dropped under Good Samaritan protections.

Documenting the Call

If you call 911 reporting an overdose, note the exact time of your call and the address where the overdose occurred. This documentation helps establish the timeline if legal questions arise later. The 911 call itself creates a timestamped record that your attorney can request through discovery if charges are filed.

Opioid Treatment Options After an Overdose

A non-fatal overdose is a critical window for engaging someone in medication for opioid use disorder. Baltimore has significant capacity for buprenorphine and methadone treatment, but access barriers remain. The addiction medicine clinic at University of Maryland Medical Center accepts uninsured patients on a sliding fee scale. Harbor Hospital and Johns Hopkins Bayview also operate addiction medicine services. Medication-assisted treatment reduces overdose risk by 50 percent or more compared to abstinence-only approaches.

The Good Samaritan law protects the call for help, but it does not address what comes after. Connecting someone who has overdosed to treatment requires knowledge of those services and willingness to engage, which the law alone cannot provide.