G.D. Hancock, Ph.D.
Georgia has one law on supplying drugs that cause a death.
In force since April 30, 2024 (Act 504, SB 465). Causing another person's fentanyl overdose death, without intending it, by intentionally manufacturing or selling a substance that contains fentanyl. The state does not have to prove the defendant knew the drug contained fentanyl.
The Official Code of Georgia is published by LexisNexis, and its text is not freely linkable. The links here go to the General Assembly's own summaries of the law as enacted.
A person who seeks medical help in good faith for someone overdosing, and the person who overdosed, cannot be arrested, charged or prosecuted for possessing small amounts of drugs (under 4 grams of a solid), under an ounce of marijuana, or drug objects, when the evidence came solely from seeking help. It does not cover sale or delivery.
Statute: O.C.G.A. § 16-13-5
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 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))
7 cases in the published sample of the drug-induced homicide case database were prosecuted in Georgia. The database is still being built; the complete version will be published when it is finished.
Links to FindLaw go to its copy of the state’s code, used where the official code is published only through LexisNexis or will not display without JavaScript.
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 Georgia about your own situation.