G.D. Hancock, Ph.D.

New York

New York 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

A person who seeks health care in good faith for someone overdosing or in a life-threatening emergency, and the person having it, cannot be charged or prosecuted for any controlled substance or cannabis offense, other than one involving sale for money or other gain, nor for paraphernalia or underage alcohol possession, when the evidence came from seeking care. Because only sale for gain is excluded, it can cover sharing drugs.

Statute: N.Y. Penal Law § 220.78

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 York in the database sample

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

Sources

  1. N.Y. Penal Law § 220.78
  2. 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 York about your own situation.