Selling Death: Why Dealers Are Facing Murder Charges
BY MN CRIME STAFF
In previous years, a drug dealer who sold a fatal dose of heroin might have faced a few years in prison for a controlled substance crime.
In 2025, Hennepin and Ramsey County prosecutors are increasingly using a much heavier hammer: Third-Degree Murder.
While "Murder 3" was once rare, the explosion of fentanyl has made it a standard tool in the prosecutorial belt. Here’s how the law works and why it is catching so many dealers off-guard.
The Statute
MN Statute 609.195 (b) specifically defines Third-Degree Murder as causing the death of another by "directly or indirectly" selling, giving away, bartering, delivering or administering a controlled substance classified in Schedule I or II.
Note: This includes Fentanyl (Schedule II), Heroin (Schedule I) and Methamphetamine (Schedule II).
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No "Intent" Required
Crucially, prosecutors do not need to prove the dealer wanted the victim to die. They do not even need to prove the dealer knew the drugs were lethal. To secure a conviction, the state only needs to prove three things:
The suspect sold or shared the drugs.
The victim died.
The specific drugs provided were a "proximate cause" of the death.
The Sentence: A conviction carries up to 25 years in prison and a $40,000 fine.
The "Proximate Cause" Battle
This is where 2025 courtrooms are seeing the biggest fights. Defense attorneys frequently argue "Intervening Causes."
Example: If a victim bought fentanyl from Dealer A, but also took Xanax from a medicine cabinet and drank alcohol, the defense will argue that Dealer A’s drugs were not the sole cause of death.
The Legal Standard: However, Minnesota law only requires the drug to be a substantial factor in the death, not the only factor. If the Medical Examiner rules the death "Fentanyl Toxicity," the murder charge usually sticks.
The "Good Samaritan" Trap
Many Minnesotans are aware of the state's "Good Samaritan Law," which provides immunity from prosecution for drug possession if you call 911 to save someone overdosing.
Warning: This immunity does not protect you from Murder charges. If you provided the drugs that caused the overdose, calling 911 might save you from a possession ticket, but it can also provide the police with the evidence they need to charge you with 609.195(b) after the patient dies.
What to Listen For
On the scanner, you likely won't hear "Third-Degree Murder" immediately. Instead, listen for:
"Investigation for 609" (referencing the Criminal Code chapter for Homicide).
Officers seizing the victim's phone immediately as "evidence."
Detectives from the Violent Crimes Division responding to what sounds like a medical medical call.
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