G.D. Hancock, Ph.D.

Mississippi

Mississippi 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

Fentanyl delivery resulting in death

Added in 2022. Knowingly delivering fentanyl in exchange for anything of value when a person's death results from using it. Sharing fentanyl without payment does not count as an exchange for value. The law states it is aimed at people who profit from selling fentanyl, not at drug users. A person who in good faith seeks medical help for someone overdosing on fentanyl cannot be charged under this section on evidence gained from seeking help.

Statute
Miss. Code § 41-29-139.1
Penalty
20 years to life. (Miss. Code § 41-29-139.1(1))

Mississippi's official code is published by LexisNexis; the links here go to FindLaw's copy.

Calling for help: the Good Samaritan law

A person who seeks medical help in good faith for someone overdosing, and the person who overdosed, cannot be arrested, charged or prosecuted for possessing small amounts of drugs (under 4 grams or 20 dosage units), marijuana or paraphernalia, and are protected from probation or parole sanctions and some forfeiture. It does not cover sale or delivery.

Statute: Miss. Code § 41-29-149.1

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

The drug-death law itself says a person who seeks medical help in good faith for someone overdosing on fentanyl cannot be charged under it on evidence gained from seeking help.

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 Mississippi in the database sample

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

Sources

  1. Miss. Code § 41-29-139.1
  2. Miss. Code § 41-29-149.1
  3. 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 Mississippi about your own situation.