Minnesota Statutes

Minn. Stat. § 604A.05 (2026)

Good Samaritan Overdose Medical Assistance

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Person providing assistance; immunity from prosecution.

A person acting in good faith who seeks medical assistance for or acts in concert with a person seeking medical assistance for another person who is experiencing a drug-related overdose may not be charged or prosecuted for the possession, sharing, or use of a controlled substance under section 152.023, subdivision 2, 152.024, or 152.025. A person qualifies for the immunities provided in this subdivision only if:

(1) the evidence for the charge or prosecution was obtained as a result of the person's seeking medical assistance for or acting in concert with a person seeking medical assistance for another person; and

(2) the person seeks medical assistance for or acts in concert with a person seeking medical assistance for another person who is in need of medical assistance for an immediate health or safety concern, provided that the person provides a name and contact information, remains on the scene until assistance arrives or is provided, and cooperates with the authorities.

Good faith does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.

Subd. 2.Person experiencing an overdose; immunity from prosecution.

A person who experiences a drug-related overdose and is in need of medical assistance may not be charged or prosecuted for possession of a controlled substance under section 152.023, subdivision 2, clauses (4) and (6), 152.024, or 152.025, or possession of drug paraphernalia. A person qualifies for the immunities provided in this subdivision only if the evidence for the charge or prosecution was obtained as a result of the drug-related overdose and the need for medical assistance.

Subd. 3.Persons on probation or release.

A person's pretrial release, probation, furlough, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under subdivision 1 or 2.

Subd. 4.Effect on other criminal prosecutions.

(a) The act of providing first aid or other medical assistance to someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided.

(b) Nothing in this section shall:

(1) be construed to bar the admissibility of any evidence obtained in connection with the investigation and prosecution of other crimes or violations committed by a person who otherwise qualifies for limited immunity under this section;

(2) preclude prosecution of a person on the basis of evidence obtained from an independent source;

(3) be construed to limit, modify, or remove any immunity from liability currently available to public entities, public employees by law, or prosecutors; or

(4) prevent probation officers from conducting drug testing of persons on pretrial release, probation, furlough, supervised release, or parole.

Subd. 5.Drug-related overdose defined.

As used in this section, "drug-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, or coma, resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe to be a drug overdose that requires immediate medical assistance.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2018–2024 · leading case: Gerety & Antkowiak v. State, 246 A.3d 629 (Md. Ct. Spec. App. 2021).

Sort: Relevance Newest Treatment

Gerety & Antkowiak v. State, 246 A.3d 629 (Md. Ct. Spec. App. 2021). “of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual described in subsection (b) or (c) taking action to seek or obtain emergency medical assistance and not obtained as a…”

Noble v. State, 189 A.3d 807 (Md. Ct. Spec. App. 2018). “7403 (3) (2018) ; Minn. Stat. Ann. § 604A.05 (Subd. 2 ) (2018); Miss.”

State v. Miller, 2019 Ohio 3294 (Ohio Ct. App. 2019). “” Minn.Stat.Ann. 604A.05. Subd. 4(b)(2). See also 35 Pa.”

State of Minnesota v. Christopher Allen Borgquist, 7 N.W.3d 145 (2024). · cites it 8× “Subdivision 1 of the Minnesota Good Samaritan overdose medical assistance act, Minn. Stat. § 604A.05 (2022), provides for immunity from prosecution, not an ∗ Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn.”

Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 4× “7403 (7)(a) (“that a layperson would reasonably believe to be a drug overdose that requires medical assistance” (emphasis added)); Minn. Stat. Ann. § 604A.05, Subd. 5 (“that a layperson would reasonably believe to be a drug overdose that requires immediate medical assistance”…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.