After a sudden decrease in 2024, fentanyl and other opioid-related deaths have started to tick upwards. Even if you never witness an overdose, it’s always best to be prepared. Being prepared means less fear, confusion, and a higher chance of the person overdosing surviving and getting help. And if you or a loved one regularly use opioids, including fentanyl, it is vitally important to know your legal rights in case of an overdose.
Here’s the important part: In both New Jersey and Virginia, Good Samaritan overdose laws protect you when you seek emergency help. In fact, all 50 states have some kind of Good Samaritan overdose prevention law. Combined with the wide availability of over-the-counter (OTC) naloxone (Narcan), you have the power to save a life—without fear from law enforcement (within legal reason, see our comparison table below).
Understanding Good Samaritan Laws in NJ & VA
Good Samaritan overdose laws grant legal immunity to people who call 911 in “good faith” during an overdose. Legally speaking, acting “in good faith” is a broad term, but it simply means having honest intent and not to get someone into trouble. Good Samaritan laws exist because saving a life is more important than punishing someone for drug possession. Here’s what that means in practice:
Key Protections (What the Law Covers)
- The law protects both the person who calls 911 and the person who is overdosing.
- You are provided immunity from arrest, charges, and prosecution for possessing small amounts of drugs or paraphernalia.
- In Virginia, the law requires you to remain with the individual and cooperate with law enforcement and EMS when they arrive.
Key Exceptions (What the Law Does NOT Cover)
- You are not protected against more serious charges like drug distribution, trafficking, or violent crimes.
- You are not protected from outstanding arrest warrants for unrelated offenses.
The bottom line: You cannot be arrested for simple possession when you call 911 to save a life in New Jersey or Virginia.
| Feature | New Jersey | Virginia |
|---|---|---|
| Protects Person Calling 911? | ✅ Yes | ✅ Yes |
| Protects Person Overdosing? | ✅ Yes | ✅ Yes |
| Covers Possession of Drugs/Paraphernalia? | ✅ Yes (for small amounts) | ✅ Yes |
| Must You Stay With the Victim? | Recommended | ✅ Required by Law |
| Major Exceptions | Does not protect against outstanding warrants or charges for drug distribution/trafficking. | Does not protect against outstanding warrants or charges for drug distribution/trafficking. |
Naloxone (Narcan): Now Over-the-Counter and Ready to Help
Since 2023, the life-saving medication naloxone (brand name: Narcan) has been available without a prescription. Legal protection is crucial, but having this tool on hand is how you can take immediate action.
Where to Get OTC Naloxone
- Pharmacies: Most major pharmacies, including CVS, Walgreens, and Rite Aid, stock OTC naloxone. It typically costs around $45-$50 for a two-dose nasal spray pack.
- Community Programs: Ask your pharmacist about state-funded programs. New Jersey has the Naloxone365 initiative, and Virginia runs the REVIVE! program, both of which help distribute free kits to the public.
How to Use Naloxone (Narcan) Nasal Spray: A 4-Step Guide
Using Narcan is safe and simple. You cannot harm someone by giving it to them, even if they aren’t actually having an opioid overdose.
Step 1: Spray
Peel back the package to remove the device. Tilt the person’s head back, insert the nozzle into one nostril until your fingers touch their nose, and press the plunger firmly to release the full dose.
Step 2: Call for Help
If you haven’t already, **call 911 immediately**. Tell the dispatcher the person is unresponsive and you have administered naloxone.
Step 3: Wait & Observe
Naloxone takes 2-3 minutes to work. If the person has not responded, give the second dose in the other nostril.
Step 4: Stay & Support
Roll the person on their side into the recovery position and stay with them until emergency medical services arrive.
Important: Naloxone is a temporary fix that lasts only 30-90 minutes. Opioids like fentanyl can last much longer, meaning the person can slip back into an overdose after the naloxone wears off. Calling 911 is essential.
Get Help for Opioid Addiction in NJ & VA
Surviving an overdose is a second chance. At Milestone Treatment Center, we provide the compassionate, evidence-based care needed to make that chance count. Our Intensive Outpatient Programs (IOP) in Merchantville, NJ, and Virginia Beach, VA, help people build a sustainable, fulfilling life in recovery. Our South Jersey facility is located just over the Ben Franklin Bridge, about 20 minutes away from Center City Philadelphia. Our Virginia Beach facility is literally steps from the beach!
If you or a loved one is struggling with opioid use, don’t wait for another crisis. Call us at 856-754-5048 for a confidential conversation today. And even if we can’t help, we can direct you to someone who can.
Frequently Asked Questions
Can I be arrested if I call 911 for an overdose in NJ?
No. As long as you are acting in good faith, New Jersey’s Good Samaritan law protects both the caller and the victim from charges related to simple possession of drugs or paraphernalia. You are not required to stay at the scene, but it is recommended, because you may have vital information about the person overdosing, and that helps emergency responders treat them better and faster.
Does Virginia’s Good Samaritan law require me to stay?
Yes. Virginia law protects you from possession-related charges, but you must remain with the person and cooperate with first responders when they arrive. This can be stressful, but now that you know your rights, you can confidently remain at the scene and interact with law enforcement and EMS.
How long does Narcan last after you give it?
Naloxone typically works for 30 to 90 minutes. Because many opioids last longer than that, it is critical to call 911, as the person may fall back into an overdose after the naloxone wears off.
Can I use naloxone if I’m not sure the person is overdosing on opioids?
Yes. Naloxone is safe and will not harm a person who is not experiencing an opioid overdose. It is always better to administer it if you suspect an overdose.