New Mexico

New Mexico has no statute that makes supplying drugs that cause a death a crime of its own.

Statutes last checked 7 October 2026 · Not legal advice

Supplying drugs that cause a death

A death can still be charged under the general homicide laws.

Calling for help: the Good Samaritan law

New Mexico passed the first overdose Good Samaritan law in the country, in 2007. A person who seeks medical help in good faith for someone overdosing on drugs or alcohol, and the person who overdosed, cannot be arrested, charged, prosecuted or penalized, or have property forfeited, for drug possession or paraphernalia, a restraining order, or probation or parole conditions, when the evidence came from seeking help. Seeking help may be a mitigating factor in other drug prosecutions.

Statute: N.M. Stat. § 30-31-27.1

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 Mexico in the database sample

One case in the published sample of the drug-induced homicide case database was prosecuted in New Mexico. The database is still being built; the complete version will be published when it is finished.

Sources

  1. N.M. Stat. § 30-31-27.1
  2. 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 Mexico about your own situation.