Newly updated data show increasing number of states passing drug induced homicide laws

Thirty-one states and the District of Columbia have drug-induced homicide laws as of May 1, 2024, that govern the prosecution of drug-related deaths as criminal killings, according to updated data released today by the Center for Public Health Law Research at Temple University Beasley School of Law. This is a 33% increase from 2018 (24 states).

Drug-induced homicide laws establish criminal liability for individuals who furnish or deliver controlled substances to another individual who dies as a result.

The data capture these laws from all 50 U.S. states, the District of Columbia, and the U.S. federal law from January 1, 2018, through May 1, 2024.

“It’s concerning to see more states pass laws that research shows are detrimental to the public health response to the opioid crisis,” said Jon Larsen, JD, MPP, legal technology manager and lead researcher on this project. “Not only are they unlikely to stymie drug markets and prevent future overdose deaths, but there’s increasing concern among researchers that drug-induced homicide prosecutions may have dangerous unintended consequences like reducing the number of 911 “Good Samaritan” calls that do save lives.”

Six states have now passed an affirmative defense based on an individual’s good faith efforts to seek emergency assistance in response to an overdose. This action is among the 84 recommendations the Center for Public Health Law Research made in November 2023 to improve and align drug policy in the United States.

States vary in how they classify drug-induced homicide laws (e.g., whether they are classified as murder, manslaughter, or delivery or distribution resulting in death), how they are sentenced, and what elements need to be proven.

There are now 24 jurisdictions that have mandatory minimum sentences (an increase from 18 jurisdictions as of January 1, 2018). And four states — Arizona, Colorado, Florida, and Oklahoma — authorize a sentence of death for violation of the drug-induced homicide law, including.

“It’s essential that we continue to follow this changing landscape and to continue the important research of evaluating and understanding the effects these laws are having — not only directly on preventing drug-related overdose and death, but downstream consequences as well,” said Larsen.

These data were updated with support from the Foundation for Opioid Response Efforts (FORE). This dataset was originally co-created by CPHLR with the Action Lab capturing laws in effect on January 1, 2018, and valid through January 1, 2019, and has been updated with their support. The original dataset may be found on PDAPS.org, with the updated data available at LawAtlas.org.