G.D. Hancock, Ph.D.

North Carolina

North Carolina 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 by distribution; aggravated death by distribution

Added in 2019 and expanded in 2023. Unlawfully delivering or selling an opioid, cocaine, methamphetamine or certain depressants when the user's ingestion causes their death and the delivery or sale is the proximate cause. Selling, or delivering with malice, is more serious than delivering; selling with a prior drug-dealing conviction within 10 years is aggravated. The law states it does not restrict the Good Samaritan law.

Statute
N.C. Gen. Stat. § 14-18.4
Penalty
Delivery: Class C felony. Delivery with malice, or sale: Class B2. Aggravated: Class B1. Under the state's sentencing chart, the minimum prison term runs from 44 to 182 months for Class C, 94 to 393 months for Class B2, and 144 months to life without parole for Class B1, depending on prior record. (N.C. Gen. Stat. §§ 14-18.4(h), 15A-1340.17)

Calling for help: the Good Samaritan law

A person who calls 911, police or EMS in good faith for someone overdosing, believing they are the first to call, and gives their name, and the person who overdosed, cannot be prosecuted for misdemeanor possession, felony possession of less than a gram, or paraphernalia, when the evidence came from the call. It does not cover delivery or death by distribution.

Statute: N.C. Gen. Stat. § 90-96.2

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 North Carolina in the database sample

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

Sources

  1. N.C. Gen. Stat. § 14-18.4
  2. N.C. Gen. Stat. §§ 14-18.4(h), 15A-1340.17
  3. N.C. Gen. Stat. § 90-96.2
  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 North Carolina about your own situation.