Changes to a North Carolina law make it easier to prosecute people who distribute drugs, including fentanyl, if the drug user dies
Carolina Public Press interviewed six parents of children who died and the partner of a man who did as well. Fentanyl, a powerful narcotic painkiller, was involved in each death. Often, those close to the victims reported, prosecutors declined to bring charges for death by distribution, saying the evidence was not strong enough.
Under a state law that takes effect next month, anyone who provides certain drugs to a person who dies after taking them may be prosecuted for second-degree murder — whether they received money for the drugs or shared them freely.
“Death by distribution” first became a crime in North Carolina in 2019. Originally, the law applied only to people who got paid for drugs that later proved fatal. In September, legislators expanded the law’s reach to include anyone who provides certain drugs, including fentanyl, when those drugs result in an overdose death.
Carolina Public Press interviewed six parents of children who died and the partner of a man who died as well. Fentanyl, a powerful narcotic painkiller, was involved in each death. Most of the families reported that prosecutors declined to bring charges for death by distribution, saying that the evidence was not strong enough.
The family members, as well as people who study drug use or work to combat it, are divided over whether the law’s approach is good or bad. Those in favor described death by distribution charges as essential to bring justice in fentanyl death cases. Critics argued that the strategy could unjustly criminalize and disproportionately affect substance users and people of color.Continue reading “A double-edged sword: North Carolina expands the fight against fentanyl”