Two Laws, One Goal: Saving Lives.
Delaware has two Good Samaritan laws that offer criminal and civil protection for individuals acting in good faith to assist someone who has overdosed from drugs or alcohol.
In Delaware, Good Samaritans who call 9-1-1 and help someone who is overdosing are immune from prosecution.
Delaware Good Samaritan Laws
Title 16, 4769
16 Del. C. § 4769 protects people who are overdosing or experiencing a life-threatening medical emergency, and those who witness an overdose or life-threatening medical emergency, from arrest or prosecution for possession of drugs, alcohol, or drug paraphernalia when they seek medical attention for the person overdosing and report in good faith the emergency to law enforcement, 911, a poison control center, or a medical provider, and provide all relevant medical information as to the cause of the overdose or other life-threatening medical emergency.
Learn MoreTitle 16, 6801
16 Del. C. § 6801 protects people who administer naloxone, or render emergency care or assistance to a person overdosing, from civil damages as a result of any act or omission in rendering emergency care. This means an individual cannot be held responsible in civil court for administering naloxone to someone who is overdosing unless injuries or death are caused willfully, wantonly, recklessly, or by gross negligence.
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