G.D. Hancock, Ph.D.
Wisconsin has one law on supplying drugs that cause a death.
Causing a death by manufacturing, distributing or delivering a Schedule I or II controlled substance or analog, ketamine or flunitrazepam, when another person uses it and dies as a result, whether the drug was taken alone or mixed with other substances.
A person who brings someone overdosing to a hospital or other facility, or summons police, EMS or 911 for them, is immune from prosecution for possession of drugs, paraphernalia and masking agents arising from the circumstances. It does not cover delivery or reckless homicide.
Statute: Wis. Stat. § 961.443
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 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))
21 cases in the published sample of the drug-induced homicide case database were prosecuted in Wisconsin. The database is still being built; the complete version will be published when it is finished.
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 Wisconsin about your own situation.