Crime & Traffic

It can be hard to get help for yourself or a loved one who is suffering from an overdose. This article describes the protections you have when seeking emergency medical treatment for an overdose under the Opioid Overdose Reduction Act, known as Alex's Law. It also includes resources for substance use treatment and support.

Legal protections when seeking emergency help

Illinois law offers limited legal protections for people who act in good faith while seeking emergency medical help for an overdose. The goal is to encourage people to get help without fearing arrest or prosecution. The protections apply both to the person experiencing an overdose and to a person trying to help them. However, the rules are a little different depending on whether you are seeking medical help for yourself or for someone else. There are also limits to these protections. 

What protections are available?

You cannot be arrested, charged, or prosecuted for certain drug related offenses or aggravated battery when you seek emergency medical help for yourself or someone else who is experiencing an overdose. For a full list of the violations you cannot be charged with, read the statute.

You may also be protected from a violation of probation, parole, mandatory supervised release, or conditional discharge if the evidence for the violation arises from seeking help.

Further, you may be protected from having your property seized in connection with a drug-related offense if the evidence was obtained because emergency assistance was sought. 

Limits to the protections

Keep in mind that the protections are limited. It only applies to certain amounts of controlled substances. The law lists the types and amounts of controlled substances that qualify for this immunity. Quantities that go beyond the legal limit may not be covered.

The law also does not protect individuals if there is independent evidence of criminal activity beyond the overdose. For example, if an officer obtained evidence of illegal drug activity before the emergency medical request, you could still be arrested.

The law does not stop police from investigating, arresting, or prosecuting anyone for dealing drugs, drug-induced homicide, or any other crime if the evidence was found separately from the act of seeking emergency help during an overdose.

Substance use disorder resources

Help is available if you or someone you know is dealing with a substance use disorder.

To speak to trained staff about seeking treatment and other services, you can:

• Contact the Illinois Helpline online,
• Call the number 1-833-234-6343, or
• Text “Help” to 833234.

You can also view a list of treatment centers in Illinois.

Visit the Illinois Department of Health website for opioid overdose response resources.