G.D. Hancock, Ph.D.

North Dakota

North Dakota 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

Causing death or injury by distributing a controlled substance

Willfully delivering a controlled substance, or supplying another to deliver or consume it, when a person dies or suffers a life-threatening overdose after consuming some of it. It is no defense that the person had other drugs or alcohol in their system. A person who complied with the Good Samaritan law cannot be charged under this section.

Statute
N.D. Cent. Code § 19-03.1-22.6
Penalty
Class A felony: up to 20 years and a $20,000 fine. (N.D. Cent. Code § 12.1-32-01(2))

Calling for help: the Good Samaritan law

A person who seeks medical help in good faith for someone overdosing, stays and cooperates, and the person who overdosed, are immune from prosecution for possession and related offenses, and for sharing controlled substances among those present, when the evidence came from the overdose and the call. Compliance also bars a charge under the death-by-distribution law.

Statute: N.D. Cent. Code § 19-03.1-23.4

Does calling for help protect against the drug-death charge? Yes.

The drug-death law says a person who complied with the Good Samaritan law cannot be charged under it.

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 Dakota in the database sample

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

Sources

  1. N.D. Cent. Code § 19-03.1-22.6
  2. N.D. Cent. Code § 12.1-32-01(2)
  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 North Dakota about your own situation.