Drug-death laws, state by state
What each state’s law says about supplying drugs that cause a death, and whether its overdose Good Samaritan law protects the person who calls for help. Every entry links to the statute.
At a glance
- 42have a law written to cover deaths caused by supplying drugs: a separate crime, a form of murder or manslaughter, or a longer sentence for the drug offense.
- 9have no such law. A death can still be charged under their general homicide laws.
- 4 of 42protect a person who calls for help from the drug-death charge, through the Good Samaritan law or the drug-death law itself. 7 more do so in part. In 31, calling for help gives no protection from that charge.
Federal law applies in every state. When death or serious bodily injury results from using a Schedule I or II drug that a person distributed, federal law sets a mandatory minimum of 20 years and a maximum of life. Federal prosecutors can bring this charge whatever the state law says. (21 U.S.C. § 841(b)(1)(A)-(C))
Every state
“Does calling for help protect?” asks whether the state’s overdose Good Samaritan law, or the drug-death law itself, protects a person who calls for help from the drug-death charge. Each state’s page explains the answer.
| State | Drug-death law | Does calling for help protect? |
|---|---|---|
| Alabama | Manslaughter (fentanyl distribution causing death) | No |
| Alaska | Manslaughter (delivering a controlled substance causing death) | No |
| Arizona | Sale of lethal fentanyl | No |
| Arkansas | Aggravated death by deliveryDeath by delivery in the first degreeDeath by delivery in the second degree | No |
| California | None | No drug-death law |
| Colorado | Distribution of fentanyl causing death | In part |
| Connecticut | None | No drug-death law |
| Delaware | Drug dealing resulting in death | In part |
| District of Columbia | First-degree murder (felony murder involving a controlled substance) | No |
| Florida | First-degree murder by distributionThird-degree murder by fentanyl distribution (under 18) | No |
| Georgia | Aggravated involuntary manslaughter ("Austin's Law") | No |
| Hawaii | None | No drug-death law |
| Idaho | Drug-induced homicide | No |
| Illinois | Drug-induced homicide | In part |
| Indiana | Dealing in a controlled substance resulting in death | No |
| Iowa | Sentence enhancement when a delivery causes death | In part |
| Kansas | Distribution of a controlled substance causing death | No |
| Kentucky | Manslaughter in the first degree (selling fentanyl)Manslaughter in the second degree (distribution causing death) | In part |
| Louisiana | Second-degree murder (distribution as direct cause of death)Manslaughter (distribution significantly contributing to death) | No |
| Maine | Aggravated trafficking (death results) | In part |
| Maryland | None | No drug-death law |
| Massachusetts | None | No drug-death law |
| Michigan | Delivery of a controlled substance causing death | No |
| Minnesota | Third-degree murder (drug distribution) | No |
| Mississippi | Fentanyl delivery resulting in death | Yes |
| Missouri | Delivery of a controlled substance causing death | No |
| Montana | Criminal distribution of dangerous drugs resulting in death | No |
| Nebraska | Penalty increase when a drug sale causes death | No |
| Nevada | Murder (death caused by a controlled substance supplied unlawfully) | No |
| New Hampshire | Death resulting (strict liability) | No |
| New Jersey | Strict liability for drug-induced deaths | No |
| New Mexico | None | No drug-death law |
| New York | None | No drug-death law |
| North Carolina | Death by distribution; aggravated death by distribution | No |
| North Dakota | Causing death or injury by distributing a controlled substance | Yes |
| Ohio | None | No drug-death law |
| Oklahoma | First-degree murder (felony murder during drug distribution) | No |
| Oregon | Causing death by delivering a Schedule IV substance | No |
| Pennsylvania | Drug delivery resulting in death | No |
| Rhode Island | Controlled substance delivery resulting in deathControlled substance transaction resulting in death of a minor | In part |
| South Carolina | Fentanyl-induced homicide | No |
| South Dakota | Distribution causing death | No |
| Tennessee | Second-degree murder (drug distribution) | No |
| Texas | Murder by fentanyl poisoningManufacture or delivery causing death or serious bodily injury | No |
| Utah | None | No drug-death law |
| Vermont | Selling or dispensing a regulated drug with death resulting | Yes |
| Virginia | Involuntary manslaughter (fentanyl distribution) | Yes |
| Washington | Controlled substances homicide | No |
| West Virginia | Drug delivery resulting in deathFailure to render aid | No |
| Wisconsin | First-degree reckless homicide (drug delivery) | No |
| Wyoming | Drug induced homicide (minors) | No |
How this guide was made
Each entry was read from the statute itself: from the state legislature’s own site where it publishes the law, and otherwise from FindLaw’s copy, where the official code is published only through LexisNexis or will not display without JavaScript. Each state’s page says which. Penalties come from the state’s sentencing law, cited beside them.
A national survey, Good Samaritan Fatal Overdose Prevention and Drug-Induced Homicide: Summary of State Laws (Legislative Analysis and Public Policy Association, July 2025), was used as a checklist. Where the statute says something different, the guide follows the statute. Laws change, often every legislative session; each page shows the date it was last checked.
If someone you love has been charged, For Families explains what these charges mean and where to find help.
About this information
This guide describes what the statutes say. It is not legal advice, and it can’t tell you how a court will apply the law to any particular case. If you or someone you love is facing a charge, please speak to a lawyer in that state.