G.D. Hancock, Ph.D.

California

California has no statute that makes supplying drugs that cause a death a crime of its own.

Statutes last checked 7 October 2026 · Not legal advice

Supplying drugs that cause a death

Since Proposition 36 (in effect December 18, 2024), "Alexandra's Law" requires a court to give a written warning to anyone convicted of selling, furnishing or making hard drugs such as fentanyl, heroin, cocaine or methamphetamine: if their conduct later results in a death, they could be charged with homicide, up to and including murder. The warning is recorded with the conviction.

Calling for help: the Good Samaritan law

A person who seeks medical help in good faith for someone overdosing, and the person who overdosed, cannot be charged with being under the influence or with possessing drugs or paraphernalia for personal use, as long as they do not obstruct medical or police staff. The law says it does not affect laws against selling, providing, giving or exchanging drugs.

Statute: Cal. Health & Safety Code § 11376.5

Whatever the law says, if someone is overdosing, call 911. A life comes first. More on calling 911.

Federal law

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))

Cases from California in the database sample

24 cases in the published sample of the drug-induced homicide case database were prosecuted in California. The database is still being built; the complete version will be published when it is finished.

Sources

  1. Cal. Health & Safety Code § 11369
  2. Cal. Health & Safety Code § 11376.5
  3. 21 U.S.C. § 841(b)(1)(A)-(C)

About this information

This page describes what the statutes say, as of 7 October 2026. It is not legal advice, and it can’t tell you how a court will apply the law to any particular case. Laws change; check the statute, and please speak to a lawyer in California about your own situation.