G.D. Hancock, Ph.D.

Delaware

Delaware has one law on supplying drugs that cause a death.

Statutes last checked 7 October 2026 · Not legal advice

Supplying drugs that cause a death

Drug dealing resulting in death

Delivering a Schedule I or II drug (such as heroin, fentanyl or cocaine) in a Tier 1 quantity or more, when the drug later causes the death of a person who uses it. It is no defense that the defendant did not hand the drug to the person who died. It is an affirmative defense that the defendant made a good-faith effort to promptly get emergency medical or police help for the person.

Statute
Del. Code tit. 16, § 4752B
Penalty
Class B felony: 2 to 25 years in prison. (Del. Code tit. 11, § 4205(b)(2))

Calling for help: the Good Samaritan law

A person who reports an overdose or other life-threatening emergency in good faith (to police, 911, poison control or a medical provider) and gives the medical information they have, and the person who overdosed, cannot be arrested, charged or prosecuted for drug offenses in the chapter that are not class A, B or C felonies. Drug dealing resulting in death is a class B felony, so it is not covered here; that law has its own good-faith defense.

Statute: Del. Code tit. 16, § 4769

Does calling for help protect against the drug-death charge? In part.

The drug-death law itself makes a prompt, good-faith effort to get emergency help an affirmative defense, which the defendant must raise and prove at trial. It is not immunity from being charged.

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 Delaware in the database sample

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

Sources

  1. Del. Code tit. 16, § 4752B
  2. Del. Code tit. 11, § 4205(b)(2)
  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 Delaware about your own situation.