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GLOSSARY · SAFETY

Good Samaritan Drug Overdose Act

Also called: section 4.1 of the CDSA

A 2017 Canadian law that added section 4.1 to the Controlled Drugs and Substances Act. It protects people who seek help in a substance-induced, life-threatening emergency from simple possession charges, within limits.

The Good Samaritan Drug Overdose Act, S.C. 2017, c. 4, received assent on 4 May 2017 and amended the Controlled Drugs and Substances Act by adding section 4.1 (Justice Laws). The section protects a person who seeks emergency help for a medical emergency, and people at the scene, from being charged or convicted of simple possession under subsection 4(1) when the evidence came from seeking help (Justice Laws, section 4.1).

Section 4.1 defines a medical emergency as a physiological event induced by a psychoactive substance that results in a life-threatening situation (Justice Laws, section 4.1). Health Canada says the Act does not protect against more serious offences, such as outstanding warrants, production and trafficking (Health Canada).

Health Canada’s page is framed around opioid overdoses and does not mention psychedelics (Health Canada), and whether a frightening but not life-threatening trip meets the definition is a legal question. In survey data from naloxone programs, fear of police was the most common reason given for not calling 911 (CCSA, 2017). This is not legal advice.

General information, not medical advice. In an emergency in Canada, call 911. For a mental-health crisis, call or text 9-8-8.

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