The war on drugs in this country keeps shifting focus – and fentanyl is the latest drug to come under heavy legal scrutiny.
Fentanyl is a synthetic opioid that is used in pain management for serious or terminal conditions, and it’s much more potent than morphine. What makes it particularly dangerous to the public is that it is frequently mixed with other drugs, like heroin, cocaine and counterfeit prescriptions, without the buyer’s knowledge. That can easily lead to overdoses and death.
Texas has cracked down on fentanyl dealers
In response to the rising number of fentanyl-related deaths, House Bill 6 was signed into law. This new law requires death certificates related to fentanyl overdoses to use either the term “fentanyl poisoning” or “fentanyl toxicity.” That essentially leaves room for the death to be considered a homicide, rather than a simple accidental overdose. Fentanyl, in essence, becomes the weapon used in the homicide.
Someone who delivers drugs (whether for profit or not) to another person can be charged with fentanyl murder if the prosecution can prove:
- Someone knowingly provided drugs with fentanyl to another
- The recipient died as a result of their use of the drugs
If someone is convicted of fentanyl murder in Texas, they can be fined up to $10,000 and sentenced to a prison term ranging between five and 99 years (or life in prison).
While supporters of this approach feel like the charges will be a deterrent against fentanyl sales, critics point out that drug addiction is a disease – not a criminal issue. That’s why the “war on drugs” has been largely ineffective. These kinds of charges could result in inequitable applications of the law and unreasonable prison sentences for addicts who simply deal a little to support their habit or even share their drugs with others.
If you’re charged in relation to a fentanyl death, legal guidance is essential.
