A criminal charge, applied under a growing number of United States state statutes since the 2010s amid the opioid overdose crisis, that holds a person who supplies a controlled substance criminally responsible for a resulting fatal overdose, prosecuted under a dedicated drug-induced homicide or drug delivery resulting in death statute, or in some states under an existing felony murder or manslaughter provision applied to a drug-supply fact pattern. Prosecutors have applied the charge most often against a drug dealer who sold the fatal dose, though civil liberties organizations and some public health researchers have documented cases brought against a friend, family member or fellow user who shared or procured the drug for a person who then died. Advocacy organizations including the Drug Policy Alliance track the spread of these statutes and have argued they can conflict with a separate, more widely adopted public health strategy of Good Samaritan overdose laws, which grant limited immunity to a caller who reports an overdose in order to encourage bystanders to seek emergency help.
Facts
Classification
Offense GradeSerious or Indictable Offense 1 Classification CodeFederal death-results penalty enhancement at 21 U.S.C. 841(b)(1)(C) 1 Connections
Sources
1. 21 U.S. Code 841, Prohibited acts A (LII)
Subsection (b)(1)(C)Quote, Subsection (b)(1)(C)
if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not
View the Source 21 U.S. Code section 841 (Cornell LII)
Cornell Law School, Legal Information InstituteIn Group: Drug Trafficking, Smuggling and Distribution, Subsection (b), death or serious bodily injury resultsQuote, In Group: Drug Trafficking, Smuggling and Distribution, Subsection (b), death or serious bodily injury results
if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life
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