G.D. Hancock, Ph.D.
Montana has one law on supplying drugs that cause a death.
A sentencing provision of the drug distribution law: when distribution of any dangerous drug results in the death of a person who used it, the penalty is raised.
A person who seeks medical help in good faith for someone overdosing, and the person who overdosed, are not subject to the laws on drug possession, paraphernalia and some related offenses when the evidence came from seeking help, and cannot have probation or parole revoked on that basis. It does not cover distribution. Giving first aid may be a mitigating factor in other prosecutions.
Statute: Mont. Code § 50-32-609
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))
3 cases in the published sample of the drug-induced homicide case database were prosecuted in Montana. 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 Montana about your own situation.