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If you’re a habitual drug user, you may have some anxieties about what happens in the event of an overdose. Assuming you survive it, will you go straight from the hospital to jail if your overdose happens here in Harris County or anywhere else in the state?

Unfortunately, yes, you can. Texas lacks the “Good Samaritan” laws that many states have adopted. Instead, Penalty Group 1 controlled substance overdoses must be reported to the Department of State Health Services immediately. Penalty Group 1 substances include opiates, opioids, cocaine, opiates, opium derivatives, and other drugs. Failing to report is a misdemeanor punishable by six months in jail and a fine of up to $100. Reports, of course, could easily lead to police involvement in your case.

Healthcare providers are usually responsible for these reports, but you’re also responsible if you issue a Naloxone or Narcan dosage. 

If you overdose and still have drugs in your possession, then police may arrest you and charge you for possessing whatever amounts you have on you at the time. The overdose itself can be used as evidence against you in court. 

What should you do if a loved one is overdosing?

Get them to a hospital. First, worry about saving their lives, then deal with the legal problems later. But consider calling a criminal defense attorney the moment they’ve stabilized so you can help them through those legal problems.

Having one of our attorneys by your loved one’s side is one of the best ways to protect them and gives them their best chances of bringing their case to its best outcome.

If you don’t get medical attention for your loved one, you could face your own legal problems. If this leads to death, it’s possible you could be accused of distributing the drugs and failing to report the overdose to protect yourself. 

Of course, it’s possible you may be charged after reporting the overdose, too. Sadly, Texas offers a series of no-win scenarios for many, acting on the assumption that drug users are usually around other drug users and their dealers, even though that’s not always the case.  Your first concern should still be getting medical attention for the victim, but you should think about obtaining legal services for yourself, too. 

Facing drug charges? Get help from an experienced criminal defense team today.

The team at the Hill Law Firm has extensive experience helping Houston residents navigate drug charges. 

We won’t judge you, even if you’re guilty. We’ll work hard to provide you with the most rigorous defense possible, given the circumstances of your case.

Call (713) 623-8312 to schedule a free consultation today.