G.D. Hancock, Ph.D.

Florida

Florida has two laws on supplying drugs that cause a death.

Statutes last checked 7 October 2026 · Not legal advice

Supplying drugs that cause a death

First-degree murder by distribution

An unlawful killing that resulted from a person aged 18 or older distributing certain drugs (including fentanyl and its analogs, heroin and other opiates, cocaine, methamphetamine and any Schedule I drug), where the drug is proven to have caused the user's death or been a substantial factor in it. It is first-degree murder and a capital felony.

Statute
Fla. Stat. § 782.04(1)(a)3.
Penalty
Capital felony: death or life in prison without parole. (Fla. Stat. § 775.082(1))

Third-degree murder by fentanyl distribution (under 18)

Added in 2025. A person under 18 who distributes a substance they knew or reasonably should have known contained dangerous fentanyl or a fentanyl analog, where it caused the user's death or was a substantial factor in it.

Statute
Fla. Stat. § 782.04(5)
Penalty
Second-degree felony: up to 15 years in prison. (Fla. Stat. § 775.082(3)(d))

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 arrested, charged, prosecuted or penalized for possession offenses (and a few related ones) when the evidence came from seeking help. It does not cover sale or delivery. Seeking help is also a mitigating factor at sentencing (§ 921.0026).

Statute: Fla. Stat. § 893.21

Does calling for help protect against the drug-death charge? No.

The Good Samaritan law does not list the drug-death offense, so it does not protect against that charge.

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 Florida in the database sample

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

Sources

  1. Fla. Stat. § 782.04(1)(a)3.
  2. Fla. Stat. § 775.082(1)
  3. Fla. Stat. § 893.21
  4. 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 Florida about your own situation.