G.D. Hancock, Ph.D.
Kentucky has two laws on supplying drugs that cause a death.
Added in 2024 by the Safer Kentucky Act. Knowingly selling fentanyl or a fentanyl derivative to a person whose use of it causes their death.
Wantonly causing a death through (c) distributing a Schedule I or II controlled substance for payment, when it is the proximate cause of death, or (d) knowingly giving fentanyl to someone without payment when its use causes their death.
A person who in good faith seeks emergency help for an overdose (their own or someone else's), or acts with someone who does, and stays until help arrives cannot be charged with possession or paraphernalia, or with the fentanyl manslaughter offenses in §§ 507.030(1)(d) and 507.040(1)(d), when the evidence came from the overdose and the call for help. It does not cover manslaughter based on selling other Schedule I or II drugs.
Statute: Ky. Rev. Stat. § 218A.133
Does calling for help protect against the drug-death charge? In part.
The Good Samaritan law covers the two fentanyl manslaughter offenses, but not manslaughter based on selling other Schedule I or II drugs.
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))
12 cases in the published sample of the drug-induced homicide case database were prosecuted in Kentucky. The database is still being built; the complete version will be published when it is finished.
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 Kentucky about your own situation.