What is Drug Induced Homicide?​

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Drug Induced Homicide (DIH) refers to any charge for drug distribution that results in death. In the United States, DIH laws differ by state, but they exist in every one as well as federally. Some states have specific DIH provisions, while others use broader provisions, like drug delivery resulting in death (DDRD), murder, or negligent manslaughter. 

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What’s Behind Increased Attention to DIH Laws and Prosecutions?

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​Under pressure to respond to America’s overdose crisis, prosecutors and policymakers are increasingly treating accidental overdose deaths as homicides. The number and scope of DIH laws is growing under the banner of overdose prevention. The stated aims of the laws is to target drug traffickers, “sending a signal” to deter the distribution of illicit substances. 

 

There is no systematic empirical evidence that DIH prosecutions slow the sale of illegal drugs. On the contrary, they may well be counterproductive. Running at cross-purposes to 9-1-1 Good Samaritan laws, DIH prosecutions discourage witnesses to overdoses from calling 9-1-1 for fear that they will be arrested and charged with DIH or other serious crimes. For those who are incarcerated and have an opioid use disorder, there is an exponentially increased likelihood of death from overdose during the first weeks after release. Investment in these prosecutions and incarceration also divert resources from treatment, harm reduction, and social support services.

 

We have applied an empirical lens to better understand DIH trends and their impact. As detailed below, data analysis of media reports found that the number of prosecutions has spiked with the rise of fatal overdoses involving fentanyl. These prosecutions are particularly common in the Midwest and Northeast regions of the United States. As with other elements of the criminal legal systems, these prosecutions burden Black and brown communities disproportionately. 

 

Another preliminary analysis also found that a majority of prosecutions are being brought against individuals who are either low-level dealers, or are friends, family, and co-users of the overdose decedent.