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Nebraska’s Good Samaritan Law & Drug Overdoses

Hug and Jacobs LLC Oct. 24, 2024

Nebraska's Good Samaritan Law is designed to encourage people to seek medical help during drug overdose emergencies without fear of legal repercussions. This law provides limited immunity to individuals who call 911 or seek emergency assistance for someone experiencing a drug-related overdose. 

When someone is overdosing, every second counts. The Good Samaritan Law aims to remove the hesitation often caused by the fear of arrest or prosecution. By ensuring that those who act in good faith to save a life are protected from certain charges, Nebraska is taking a significant step toward reducing overdose deaths. 

At Hug and Jacobs LLC, we have dedicated years to helping clients in Omaha, Nebraska, Fremont, Lincoln, Papillion, and Wahoo with our deep understanding of the laws and our commitment to each case.

The Scope of Protection Under the Law

The Good Samaritan Law in Nebraska provides specific protections, but you must understand its scope and limitations. Individuals who seek medical assistance for someone overdosing are protected from prosecution for minor drug possession offenses. However, this immunity does not extend to more serious charges such as drug trafficking or distribution. 

The law also applies to the person experiencing the overdose. If they seek help for themselves, they, too, are granted the same legal protections. This dual protection ensures that both the victim and the bystander can act without fear of legal consequences. 

Why This Law Matters

Drug overdoses are a pressing issue in Nebraska and across the United States. In many cases, bystanders hesitate to call for help due to the fear of getting arrested. The Good Samaritan Law addresses this fear head-on, encouraging more people to act swiftly in emergencies. 

The primary goal is to save lives. By providing legal protection for those who call for assistance, the law aims to reduce the number of preventable deaths. It reflects a broader understanding that the immediate priority should be the health and safety of individuals, rather than punitive measures. 

Understanding Nebraska Laws

In addition to the Good Samaritan Law, Nebraska has other legal provisions related to drug possession and distribution. It’s important to be aware of these laws to fully understand your rights and responsibilities. 

Nebraska's Controlled Substances Act specifies the penalties for various drug offenses. While the Good Samaritan Law provides immunity for minor possession charges during an overdose, more severe charges, such as distribution or trafficking, are not covered. Being informed about these distinctions can help you make better decisions in critical situations. 

How to Respond in an Overdose Situation

Knowing how to respond during an overdose can make all the difference. If you find yourself in such a situation, here are the steps you should take: 

  • Call 911 immediately: Inform the operator that someone is experiencing an overdose.  

  • Administer Naloxone if available: This can temporarily reverse the effects of an opioid overdose. 

  • Provide basic life support: Perform CPR if needed and follow the instructions given by the emergency operator. 

  • Stay with the person: Remain with the individual until help arrives, as they may need further assistance. 

The Role of Community Awareness

Community awareness maximizes the impact of the Good Samaritan Law. By educating the public about the law and its protections, we can encourage more people to take action during overdose emergencies. Workshops and information sessions can be organized in schools, community centers, and local organizations to disseminate this critical knowledge.  

Social media platforms can help reach a wider audience, fostering discussions that might save lives. The more informed the community is about its legal rights and the steps to take in an emergency, the greater the likelihood of timely intervention and lower overdose fatalities. 

Speak With a Nebraska Attorney

At Hug and Jacobs LLC, we pride ourselves on our meticulous attention to detail and unwavering commitment to each case. Our attorneys are known for their hard work and dedication to achieving the best possible outcomes. 

We treat every case individually, understanding that no two situations are the same. Your freedom and future are our top priorities. If you live in Omaha, Nebraska, Fremont, Lincoln, Papillion, or Wahoo, Hug and Jacobs LLC is here to provide exceptional legal service. We believe your voice should be heard and will fight tenaciously on your behalf. Once we understand your story and the facts of your case, we are confident in our ability to pursue the results you need to move forward.