There’s no question that the increased presence of fentanyl has added to the crisis of drug fatalities in this country. Even a tiny amount of fentanyl can kill someone quickly. Unfortunately, all kinds of drugs can end up being laced with this synthetic opioid that’s some 50 times stronger than heroin.
That means someone who sells any controlled substance – even one they believe is relatively harmless – can be giving someone a lethal dosage of fentanyl without realizing it. According to the Georgia Department of Public Health, in the years between 2019 and 2022, fentanyl-related overdoses rose by more than 300%.
What does the new law say?
A new Georgia law took effect in July 2024 that increases the penalties for those who are convicted of unintentionally distributing fentanyl. Under the law, if a person dies from a drug laced with fentanyl, the person who sold it to them can be charged with aggravated involuntary manslaughter.
If convicted of the felony charge, they can face a prison term of anywhere from a minimum of 10 years up to 30 years in prison. They can be charged under this law as long as they knew the drug they were selling was a controlled substance but didn’t know it contained fentanyl.
A single Xanax
The law (known as “Austin’s Law”) is named for a 30-year-old Georgia man who died after consuming a single Xanax pill he bought that turned out to be laced with the lethal drug. His parents worked to get this law passed. His father notes that after his son died, no one was arrested and that even if they had been, they wouldn’t have faced “anything more than a misdemeanor.”
Selling any kind of controlled substance “on the street,” even one that’s widely prescribed, comes with the risk of criminal charges. However, the widespread presence of fentanyl – and this new law – add a whole new layer of risk for those who engage in this activity.
Even though they may have no intention of harming anyone, it can be impossible to know whether there is a dangerous contaminant in the drug. It’s more critical than ever to have experienced legal guidance when facing charges for distribution of controlled substances.
