G.D. Hancock, Ph.D.

New Hampshire

New Hampshire 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

Death resulting (strict liability)

A person who unlawfully manufactures, sells or dispenses methamphetamine, LSD, PCP or any other Schedule I or II drug or analog is strictly liable for a death that results from its use. Cause is shown where the death would not have happened but for the drug and was not too remote or too dependent on someone else's unrelated conduct. It is no defense that the person who died chose to take the drug.

Statute
N.H. Rev. Stat. § 318-B:26(IX)
Penalty
Up to life in prison, or any term the court orders. (N.H. Rev. Stat. § 318-B:26(IX))

Calling for help: the Good Samaritan law

A person who in good faith and promptly requests medical help for someone overdosing, and the person who overdosed, cannot be arrested, prosecuted or convicted for possessing a controlled drug when the evidence came from the request. It does not cover sale or the death-resulting offense.

Statute: N.H. Rev. Stat. § 318-B:28-b

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 New Hampshire in the database sample

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

Sources

  1. N.H. Rev. Stat. § 318-B:26(IX)
  2. N.H. Rev. Stat. § 318-B:28-b
  3. 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 New Hampshire about your own situation.