G.D. Hancock, Ph.D.

Virginia

Virginia 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

Involuntary manslaughter (fentanyl distribution)

Added in 2025. Knowingly manufacturing, selling or distributing a controlled substance, knowing it contains fentanyl, when its use is the proximate cause of another person's death. It is no defense that the person chose to take it. A person who proves they gave the drug only as an accommodation, without intent to profit, is guilty of an accommodation offense instead.

Statute
Va. Code § 18.2-36.3
Penalty
Class 5 felony: 1 to 10 years (or up to 12 months in jail and a fine, at the court's or jury's discretion). (Va. Code §§ 18.2-36, 18.2-10(e))

Calling for help: the Good Samaritan law

A person who in good faith seeks emergency help for an overdose (their own or someone else's), or gives CPR or naloxone, and reports it to firefighters, EMS, police or 911, cannot be arrested or prosecuted for possession, paraphernalia, public intoxication and some alcohol and marijuana offenses, or for the fentanyl involuntary manslaughter offense, when the conditions in the law are met.

Statute: Va. Code § 18.2-251.03

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

Virginia's Good Samaritan law lists the fentanyl involuntary manslaughter offense, when its conditions are met.

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 Virginia in the database sample

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

Sources

  1. Va. Code § 18.2-36.3
  2. Va. Code §§ 18.2-36, 18.2-10(e)
  3. Va. Code § 18.2-251.03
  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 Virginia about your own situation.