G.D. Hancock, Ph.D.

Illinois

Illinois 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-induced homicide

Unlawfully delivering a controlled substance to another person when anyone's death is caused by taking any amount of it. It also covers deliveries made in another state when the death happens in Illinois.

Statute
720 ILCS 5/9-3.3
Penalty
Class X felony: 6 to 30 years. Where the delivery involved 1 gram or more of heroin, fentanyl or cocaine, or the other amounts listed in § 401(a) or (c) of the Controlled Substances Act, 15 to 30 years, or 30 to 60 years as an extended term. (720 ILCS 5/9-3.3(b); 730 ILCS 5/5-4.5-25)

Calling for help: the Good Samaritan law

A person who seeks emergency help in good faith for someone overdosing, and the person who overdosed, cannot be arrested, charged or prosecuted for possession, for delivery under § 401, or for drug-induced homicide, when the evidence came from seeking help and the amount of drug found is under the small limits the law sets (for example, less than 3 grams of heroin or cocaine). Illinois is one of the few states whose Good Samaritan law reaches drug-induced homicide.

Statute: 720 ILCS 570/414

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

Illinois's Good Samaritan law covers drug-induced homicide for the caller and the person who overdosed, but only when the amount of drug found is under the small limits it sets.

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 Illinois in the database sample

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

Sources

  1. 720 ILCS 5/9-3.3
  2. 720 ILCS 5/9-3.3(b); 730 ILCS 5/5-4.5-25
  3. 720 ILCS 570/414
  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 Illinois about your own situation.