G.D. Hancock, Ph.D.

New Jersey

New Jersey 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

Strict liability for drug-induced deaths

A person who unlawfully manufactures, distributes 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. A conviction does not merge with the underlying drug offense.

Statute
N.J. Stat. § 2C:35-9
Penalty
First-degree crime: 10 to 20 years. (N.J. Stat. § 2C:43-6(a)(1))

New Jersey's statutes are published officially through 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, prosecuted or convicted for possession, use, being under the influence and related offenses, or paraphernalia. It does not cover distribution or the strict-liability death offense.

Statute: N.J. Stat. §§ 2C:35-30, 2C:35-31

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 Jersey in the database sample

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

Sources

  1. N.J. Stat. § 2C:35-9
  2. N.J. Stat. § 2C:43-6(a)(1)
  3. N.J. Stat. §§ 2C:35-30, 2C:35-31
  4. 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 New Jersey about your own situation.