G.D. Hancock, Ph.D.
Minnesota has one law on supplying drugs that cause a death.
Without intending death, proximately causing a person's death by directly or indirectly selling, giving away, bartering, delivering, exchanging, distributing or administering a Schedule I or II controlled substance.
A person who seeks medical help in good faith for someone overdosing (or acts with someone who does), gives a name, stays and cooperates cannot be charged with possession, sharing or use under the lower-level drug laws; the person who overdosed has similar protection for possession and paraphernalia. It does not cover third-degree murder. Giving aid may be a mitigating factor in other prosecutions.
Statute: Minn. Stat. § 604A.05
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))
17 cases in the published sample of the drug-induced homicide case database were prosecuted in Minnesota. 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 Minnesota about your own situation.