Ingesting even a tiny amount of fentanyl, as many people know, can be fatal. This synthetic opioid is about 50 times stronger than heroin.
Many victims of fentanyl poisoning thought they were taking some other kind of drug – maybe even a prescription or over-the-counter one. That drug became deadly because it was laced with fentanyl.
Two years ago, Georgia enacted law named after a young Valdosta man who died after taking a Xanax tablet that he bought from someone rather than getting a prescription. That single tablet was laced with a lethal amount of fentanyl. The person who sold it to him was never apprehended. Even if he had been, under the law he could only have been charged with a misdemeanor. That’s why his parents advocated for what became known as “Austin’s Law.”
What does the law say?
Under the law, if someone sells another person a drug that is laced with fentanyl, and the person who bought it dies from fentanyl poisoning, the seller can be charged with aggravated involuntary manslaughter. That’s a felony charge that carries a sentence of 10 to 30 years in prison.
It’s important to note that someone can be prosecuted for this crime even if they didn’t know the drug contained fentanyl. The law states that “the defendant’s knowledge of the chemical identity of the substance manufactured or sold shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the chemical identity of such substance in order to be convicted of an offense under this Code section.” They only need to be accused of “representing that such substance was any controlled substance.”
Selling any type of drug illegally can result in serious criminal penalties. With the proliferation of fentanyl, doing so can have deadly ramifications and result in decades spent behind bars. That’s why it’s critical if you or a loved one is facing this or other drug-related charge to get experienced legal guidance as soon as possible.