Can you be charged if you overdose in Illinois?

ROCKFORD, Ill. (WTVO) — Have you ever needed to be revived from an overdose using Narcan? Are you worried that you may be prosecuted for doing drugs?

According to Illinois law (720 ILCS 570/414) “a person who is experiencing an overdose shall not be arrested, charged, or prosecuted” if they are seeking medical treatment for an overdose.

Additionally, Illinois has a “Good Samaritan” law that protects anyone seeking help from a person who is overdosing from being prosecuted if they possess:

Fewer than three grams of heroin
Fewer than three grams of morphine
Fewer than 40 grams of prescription opioids
Fewer than 40 grams of peyote
Fewer than 40 grams of barbituric acid
Fewer than 40 grams of amphetamine
Less than 3 grams of lysergic acid diethylamide (LSD)
Less than 6 grams of pentazocine
Less than 6 grams of methaqualone
Less than 6 grams of phencyclidine (PCP)
Less than 6 grams of ketamine
Less than 40 grams of a substance is categorized as a narcotic

The “Good Samaritan” law only protects someone for possession offenses. If someone dies of an overdose from drugs sold or given to them by another person, the other person can be prosecuted for drug-induced homicide.

Signs of an opioid overdose may include the below, but not all these signs may be present during an overdose.