Mo. Rev. Stat. » Chapter 195
Missouri Revised Statutes

Mo. Rev. Stat. § 195.205 (2026)

Immunity from liability for seeking or obtaining medical assistance for a drug overdose, when

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  195.205.  Immunity from liability for seeking or obtaining medical assistance for a drug overdose, when — law enforcement to provide information and resources, when. — 1.  For purposes of this section, the following terms shall mean:

  (1)  "Drug or alcohol overdose", a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death which is the result of consumption or use of a controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined, or that a person would reasonably believe to be a drug or alcohol overdose that requires medical assistance;

  (2)  "Medical assistance", includes, but is not limited to, reporting a drug or alcohol overdose or other medical emergency to law enforcement, the 911 system, a poison control center, or a medical provider; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance.

  2.  A person who, in good faith, seeks or obtains medical assistance for someone who is experiencing a drug or alcohol overdose or other medical emergency or a person experiencing a drug or alcohol overdose or other medical emergency who seeks medical assistance for himself or herself or is the subject of a good faith request shall not be arrested, charged, prosecuted, convicted, or have his or her property subject to civil forfeiture or otherwise be penalized for the following if the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking or obtaining medical assistance:

  (1)  Committing a prohibited act under section* 579.015, 579.074, 579.078, or 579.105;

  (2)  Committing a prohibited act under section* 311.310, 311.320, or 311.325;

  (3)  Violating a restraining order; or

  (4)  Violating probation or parole.

  3.  (1)  This section shall not prohibit a police officer from arresting a person for an outstanding warrant under subsection 1 of section 221.510.

  (2)  This section shall not prohibit a person from being arrested, charged, or prosecuted based on an offense other than an offense under subsection 2 of this section, whether the offense arises from the same circumstances as the seeking of medical assistance.

  (3)  The protection of prosecution under this section for possession offenses shall not be grounds for suppression of evidence or dismissal in charges unrelated to this section.

  4.  Any police officer who is in contact with any person or persons in need of emergency medical assistance under this section shall provide appropriate information and resources for substance-related assistance.

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(L. 2017 S.B. 501)

*Word "sections" appears in original rolls.

(2021) Section was enacted as a new provision, and thus retroactive application was not barred to defendant under savings statute of section 1.160 in prosecution for unlawful possession of controlled substance or of drug paraphernalia..  State v. Vaughn, 648 S.W.3d 117 (Mo.App.E.D.).

Notes of Decisions
Cited in 8 cases (8 in the last 5 years), 2021–2024 · leading case: Jacob T. Shepard v. State of Missouri, 658 S.W.3d 70 (Mo. Ct. App. 2022).
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Jacob T. Shepard v. State of Missouri, 658 S.W.3d 70 (Mo. Ct. App. 2022). · cites it 35× “Because Shepard’s allegations are insufficient to state a claim for ineffective assistance of counsel and are refuted by the record, the circuit court did not clearly err in denying his motion without an evidentiary hearing.”
State of Missouri v. Timothy Louis Smith, 698 S.W.3d 178 (Mo. Ct. App. 2024). · cites it 34× “205, the Good Samaritan Law, which provides immunity for certain drug-related offenses to a person experiencing a drug or alcohol overdose or other medical emergency who seeks medical assistance for himself or herself if the evidence "was gained as a result of seeking or…”
State of Missouri v. Paul E. Gill, 642 S.W.3d 356 (Mo. Ct. App. 2022). · cites it 27× “That statute provides immunity from arrest or prosecution for certain enumerated offenses to anyone who, in good faith, seeks medical assistance for a person experiencing a drug overdose or other medical emergency.”
State of Missouri v. Craig Neil Salcedo, 695 S.W.3d 109 (Mo. Ct. App. 2024). · cites it 27× “In his first point, he argues the trial court erred in denying his motion to dismiss, asserting that he was immune from prosecution under section 195.205 RSMo Supp. 2017 because the methamphetamine was discovered by law 1 All statutory references are to RSMo 2016 unless…”
State of Missouri v. Joseph E. Vaughn, 648 S.W.3d 117 (Mo. Ct. App. 2021). · cites it 21× “160 should apply to prohibit retroactive application of § 195.205. We affirm. 1 All references to § 195.”
State of Missouri v. Brayon J. Williams, 688 S.W.3d 593 (Mo. Ct. App. 2024). · cites it 18× “1 On appeal, Williams claims that the trial court erred in: (1) entering his conviction in that section 195.205 protects persons subject to a good faith request for medical assistance for a drug or alcohol overdose from prosecution for possession of a controlled substance; and…”
In the Interest of: J.M.W., 676 S.W.3d 81 (Mo. Ct. App. 2023). · cites it 10× “first argues the juvenile court plainly erred in adjudicating her delinquent on the possession count because she was entitled to legal immunity as the subject of a medical emergency pursuant to Section 195.205.' J.M.W. next asserts the juvenile court erred in finding her…”
Jordan Darrell Morris v. Commonwealth of Virginia, 886 S.E.2d 722 (Va. Ct. App. 2023). · cites it 3× “1 (2)(a) (“that a layperson would reasonably believe to be resulting from the consumption or use of a controlled substance or dangerous drug for which medical assistance is required” (emphasis added)); Mo. Rev. Stat. § 195.205 (1) (“that a person would reasonably believe to be a…”
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