G.D. Hancock, Ph.D.

Indiana

Indiana 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

Dealing in a controlled substance resulting in death

Knowingly manufacturing or delivering a controlled substance in violation of the dealing laws when a person who uses it dies. It is no defense that the person chose to take the drug, or died from mixing it with alcohol or other drugs.

Statute
Ind. Code § 35-42-1-1.5
Penalty
Level 1 felony (cocaine, narcotics, methamphetamine, Schedule I-III drugs): 20 to 40 years. Level 2 (Schedule IV): 10 to 30 years. Level 3 (Schedule V, synthetic drugs, analogs and look-alikes): 3 to 16 years. (Ind. Code §§ 35-50-2-4, 35-50-2-4.5, 35-50-2-5)

Indiana's official code site needs JavaScript to display a section; the links here go to FindLaw's copy.

Calling for help: the Good Samaritan law

Protection is tied to naloxone: a person who gives an overdose-reversal drug to someone who appears to be overdosing, calls for help, gives their name, stays until help arrives and cooperates cannot be taken into custody for, and is immune from prosecution for, drug and paraphernalia possession. It does not cover dealing. Seeking help is also a mitigating factor at sentencing (§ 35-38-1-7.1).

Statute: Ind. Code § 16-42-27-2(g)-(h)

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 Indiana in the database sample

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

Sources

  1. Ind. Code § 35-42-1-1.5
  2. Ind. Code §§ 35-50-2-4, 35-50-2-4.5, 35-50-2-5
  3. Ind. Code § 16-42-27-2(g)-(h)
  4. 21 U.S.C. § 841(b)(1)(A)-(C)

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.

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 Indiana about your own situation.