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Causing a drug overdose death or injury

There are 2 primary ways prosecutors charge crime related to drug overdose

1. 3rd Degree Murder - drug distribution

(Minn. Stat. § 609.195 (b))

If a person dies of a drug overdose, the State can charge people who sold, delivered, or distributed the drug. The State can charge this as 3rd degree murder even if there was not intent to cause the death.  

2. Great bodily harm by drug distribution

(Minn. Stat. § 609.228)

If a drug overdose occurs where there is no death, but "great bodily harm" occurs, the State may charge whoever sold, delivered, or distributed the drug with great bodily harm by drug distribution. Great bodily harm is defined by statute. Minn. Stat. 609.02

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