G.D. Hancock, Ph.D.

Nebraska

Nebraska 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

Penalty increase when a drug sale causes death

Nebraska has no separate drug-induced homicide crime, but a conviction for manufacturing, distributing or delivering a controlled substance moves up one penalty class when the violation directly and proximately caused another person's death (or serious bodily injury) through use of the drug.

Statute
Neb. Rev. Stat. § 28-416(17)(a)(ii)
Penalty
The next higher felony class than the drug offense would otherwise carry, up to Class IB (20 years to life). (Neb. Rev. Stat. §§ 28-416(17)(b), 28-105)

Calling for help: the Good Samaritan law

A person who requests emergency medical help in good faith, as soon as an overdose is apparent, and stays and cooperates, and the person who overdosed, are not in violation of the possession and paraphernalia laws when the evidence came from the overdose and the call for help. It does not cover delivery.

Statute: Neb. Rev. Stat. § 28-472

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

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 Nebraska in the database sample

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

Sources

  1. Neb. Rev. Stat. § 28-416(17)(a)(ii)
  2. Neb. Rev. Stat. §§ 28-416(17)(b), 28-105
  3. Neb. Rev. Stat. § 28-472
  4. 21 U.S.C. § 841(b)(1)(A)-(C)

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 Nebraska about your own situation.