G.D. Hancock, Ph.D.
Maine has one law on supplying drugs that cause a death.
Trafficking makes the offense aggravated when another person's death is caused by using scheduled drugs and the drug the defendant trafficked, a schedule W drug (which includes heroin, fentanyl, cocaine and methamphetamine), contributed to it.
One of the broadest in the country. When police or medical help is called to a suspected overdose, the caller, anyone giving aid, and the person overdosing are immune from arrest and prosecution for any crime discovered through the response, except a list of excluded crimes such as offenses against a person, sexual offenses, robbery, arson and crimes against children. The immunity lasts only while responders are at the scene.
Statute: Me. Rev. Stat. tit. 17-A, § 1111-B
Does calling for help protect against the drug-death charge? In part.
Maine's Good Samaritan law gives immunity for any crime discovered through the emergency response unless it is on a list of excluded crimes, and aggravated trafficking is not on that list. It does not cover evidence found any other way.
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))
5 cases in the published sample of the drug-induced homicide case database were prosecuted in Maine. 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 Maine about your own situation.