G.D. Hancock, Ph.D.

West Virginia

West Virginia has two laws on supplying drugs that cause a death.

Statutes last checked 7 October 2026 · Not legal advice

Supplying drugs that cause a death

Drug delivery resulting in death

Knowingly and willfully delivering a controlled or counterfeit substance for an illicit purpose when using it, alone or with other drugs, proximately causes a person's death. The penalty depends on whether the drug was given away or sold.

Statute
W. Va. Code § 60A-4-416(a)
Penalty
Given without payment: 3 to 15 years. Sold or exchanged for anything of value: 10 to 40 years, mandatory, with no parole before 10 years and no probation. (W. Va. Code § 60A-4-416(a), (c))

Failure to render aid

A person using drugs with someone who knowingly fails to seek medical help when that person overdoses, and the overdose proximately causes their death.

Statute
W. Va. Code § 60A-4-416(b)
Penalty
2 to 10 years, with no parole before 2 years. (W. Va. Code § 60A-4-416(b))

Calling for help: the Good Samaritan law

A person who in good faith and promptly seeks emergency help for someone who appears to be overdosing, stays, identifies themselves if asked and cooperates, cannot be held criminally responsible for simple drug possession and a list of alcohol offenses. It does not cover delivery or drug delivery resulting in death.

Statute: W. Va. Code § 16-47-4

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 West Virginia in the database sample

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

Sources

  1. W. Va. Code § 60A-4-416(a)
  2. W. Va. Code § 16-47-4
  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 West Virginia about your own situation.