Accused of Causing a Cocaine Overdose in North Carolina: What are My Options?

While possession of cocaine in North Carolina is always a serious offense, consequences may be particularly severe if you face allegations of causing someone else’s overdose death. Fatal overdoses can certainly be caused by cocaine use, and these situations are undeniably tragic. However, the emergence of drug-induced homicide (DIH) charges is highly controversial. Many argue whether this really constitutes murder, and whether it is fair to charge someone with homicide for simply providing drugs that subsequently lead to overdoses. Regardless of the ethical debate, North Carolina laws are clear on this subject.

“Death by Distribution” Explained

North Carolina’s drug-induced homicide laws are relatively new. In 2019, the Tar Heel State enacted new penalties for “death by distribution.” This law states that if you provide someone else with drugs and they later overdose on those drugs, you are criminally liable for their death. This is always a felony, although the specific penalties depend on the circumstances of the situation. 

You Can Face Death by Distribution Charges Even if You Never Sold Any Drugs

One of the most notable things about this law is the fact that it does not apply solely to drug dealers. You can face this charge even if you simply give cocaine to another person. As long as that individual later overdoses, you could face drug-induced homicide charges. For example, you might hand someone else a bag of cocaine at a party without asking for or receiving payment. You might also obtain cocaine, change your mind about consuming it, and hand it to someone else who actively requests it. If this ends in an overdose, you might also face homicide charges. 

More Serious Death by Distribution Charges Involving Selling Cocaine

That said, you can expect more serious penalties if you sell cocaine to someone who subsequently overdoses. In these situations, you face a more serious felony and longer potential prison sentences. Note that the exact amount of cocaine in this scenario does not matter. The only relevant factor is whether you sold cocaine to someone who later overdosed. 

What Happens During a Cocaine Overdose?

Cocaine overdoses might not be as common as overdoses on other drugs, but they can still occur. Tens of thousands of people die from cocaine overdoses each year in the United States. People die from cocaine overdoses due to heart attacks, strokes, asphyxiation, and comas. 

Can a North Carolina Cocaine Defense Attorney Help Me?

A North Carolina cocaine defense attorney may be able to help if you face allegations of death by distribution. This is an undeniably serious charge, and it is equivalent to murder. Even if you simply gave cocaine to a friend who later overdosed, you could face some of the most serious penalties possible for drug users in the Tar Heel State. Consider discussing your legal options with Coastal South Law today.