Changes to the Death by Distribution Law

The opioid crisis seems to be getting worse every year. NCDHHS reports that in 2021, over 4,000 North Carolinians died from opioid overdoses, up 22% from the prior year. Most deaths were related to the consumption of fentanyl.

One strategy for addressing the epidemic is punishing those who distribute deadly drugs. In 2019, the General Assembly enacted G.S. 14-18.4, making it a felony to sell a controlled substance that causes the death of a user. The law is commonly known as the death by distribution law. This session, the General Assembly passed a revised version of the law. This post explains the revisions.

The original law. The 2019 law made it a Class C felony to (1) sell a qualifying drug, including an opioid, cocaine, or methamphetamine (2) thereby proximately causing (3) the death of a user. Further, (4) the defendant must have acted โ€œwithout malice,โ€ perhaps because a person acting with malice could potentially be prosecuted for Class B2 second-degree murder by distribution of drugs under G.S. 14-17(b)(2). The 2019 law also created an aggravated Class B2 felony version of death by distribution for defendants with a qualifying drug conviction within the past seven years.

ABC11 has this story about the implementation of the 2019 law. It reports that death by distribution has not been charged at all in most counties, while it has been charged regularly in some others. Shea wrote about the original law here, and Phil wrote about defending death by distribution cases here.

Status of the revised version.ย Last week, the General Assembly passedย S189ย to revise the death by distribution law. It passed the Senate 45-0 and the House 81-20. Governor Cooper has not signed it, but it appears that it will become law without his signature shortly. Obviously, the measure passed by veto-proof majorities in both chambers. Unless something unexpected happens, the law will take effect on December 1, 2023, for offenses committed on or after that date.ย [Update: Governor Cooper signed the measure on September 28, 2023. The effective date remains December 1, 2023.]

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Barb Walsh, founder and executive director of the Fentanyl Victims Network of North Carolina

The fentanyl crisis has taken the lives of more than 13,000 North Carolinians in recent years and itโ€™s currently killing eight North Carolinians a day. The rise in overdose deaths is driven by illegally manufactured fentanyl.

The group Fentanyl Victims Network of North Carolina recently joined NC Newsline for an extended conversation, in which founder Barb Walsh shared her familyโ€™s story, described the organization she leads, and shared some of the policy changes the group is seeking from state leaders.

Editorโ€™s note: This is a rebroadcast of an interview NC Newsline originally aired August 20, 2023.

Listen to the interview and read the original article on the NCNewsline website.

Local mother makes it her mission to spread awareness about illicit fentanyl

Allen Michael โ€œMikeyโ€ Boyd had a โ€œheart of goldโ€ and loved interacting with people with Intellectual/Developmental Disabilities. He was a โ€œbeautiful soul with a free spiritโ€ who loved his younger brothers, spending time with friends and skateboarding, his mother, Allena Hale, shares with groups of people she meets at events that raise awareness about the dangers of illicit fentanyl use.ย 

Hale, of Pamlico Beach, lost Boyd to fentanyl poisoning on March 31, 2022 when he was just 22 years old.ย 

Through her work, she hopes to educate people and comfort grieving families who have similar stories of young family members that were kind, smart and funny but met untimely deaths.ย 

What is Fentanyl?

Fentanyl is a synthetic opioid that is 50 to 100 times more potent than morphine, according to the National Institute on Drug Abuse. Pharmaceutical-grade fentanyl is used by medical professionals to treat patients with severe pain, and is used to treat patients with chronic pain who are โ€œphysically more tolerant to other opioids.โ€

When fentanyl is produced illegally, it is dropped on blotter paper, smoked, snorted/sniffed or made into pills that look similar to other opioids, per the U.S. Drug Enforcement Administration (DEA).ย 

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Vance & Adjacent Counties Fentvic Meetup #7 on 11/5/23

FENTANYL VICTIMSโ€™ FAMILIES ORGANIZE TO FIGHT ILLICIT FENTANYL IN NC!

Fentvic Meetup #7 for Vance & Adjacent Counties NC (open to the public)

DateSunday, November 5, from 2-4PM
LocationPentecostal Holiness Church
621 US-158 Bypass
Henderson NC 27536

Fentanyl crisis needs everyoneโ€™s attention

by Rob Schofield, NC Newsline
October 27, 2023

NC Newsline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. NC Newsline maintains editorial independence. Contact Editor Rob Schofield for questions: info@ncnewsline.com. Follow NC Newsline on Facebook and Twitter.

Guilford County Sheriffโ€™s Office discuss fentanyl at town hall

GUILFORD COUNTY, N.C. (WGHP) โ€” Guilford County Sheriff Danny Rogers held a town hall with several senior staffers Monday night to address concerns about the detention center, crime in the county and staffing concerns in the department.  

Fentanyl took center stage, though.

โ€œThat was the day our whole world came crashing down โ€ฆ Since then, itโ€™s been my mission to bring attention and awareness to fentanyl,โ€ said Debbie Peeden, a grandmother who lost her granddaughter to fentanyl poisoning two years ago.  

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NC OCME Reports Updated

Fentvic has recieved updated reports from the North Carolina Office of Chief Medical Examiner (OCME). Latest reports can be found here on the Fentvic website.

There were 266 fentanyl-positive deaths in July 2023 compared to 251 in July 2022. Year to date, there is a 6% increase (2,045) compared to this time last year, January to July 2022 (1,926).

Data Source: NC OCME Toxicology data; NC OCME Toxicology is nationally accredited by the American Board of Forensic Toxicology, Inc. NC OCME Toxicology provides forensic analytical testing of specimens for all 100 counties of the statewide medical examiner system. Toxicology results are based on blood, vitreous fluid, or other specimens used for testing at the discretion of the pathologist and/or toxicologist. For additional information regarding these reports, please contact ocme.data.request@dhhs.nc.gov

A UNC student OD’d on Duke campus, and it took a student journalist to bring the story to light

On March 9, 2023, a freshman from the University of North Carolina at Chapel Hill overdosed on fentanyl outside a Duke University dorm.

She died in a hospital two days later, surrounded by family and friends, according to her obituary.

Very few people knew about her death, until a Duke student journalist started investigating, learning that 19-year-old Grace Burton wasnโ€™t the only UNC student or alum to recently die from fentanyl poisoning.

She wasnโ€™t even the only one to lose her life to an overdose that week. Now federal agents say the same person supplied the drugs to both students.

Duke student and journalist Charlotte Kramon heard about Burtonโ€™s on-campus death and figured more information would come out publicly.

But, she says, โ€œThere was no announcement; there were very few people outside of some of those who were close to the situation that knew.โ€

Kramon started looking into the death and charges related to it, publishing her findings along with co-author Michael Hewlett in the online magazine The Assembly.

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UNC student’s family seeks justice for overdose death

The family of a University of North Carolina at Chapel Hill freshman student who died after overdosing on fentanyl-laced cocaine on the campus of Duke University is seeking some justice for their daughter.

So far, no one has been charged in the death of Elizabeth Grace Burton, or Gracie as her family called her. She was 19 years old.

Court documents reveal Burton became “unsteady” and “wobbly on her feet” about an hour after meeting with a suspected drug dealer on March 9 outside a Duke student’s dorm. The former Duke student is Patrick Rowland, who pleaded guilty to a drug distribution charge.

An autopsy revealed Burton died two days after investigators said she met up with Rowland after a party and contacted him to buy cocaine.

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