In recent years, Florida’s number of fatal overdoses has greatly increased, driven by the availability of fentanyl and other powerful opioid drugs. One way Florida has tried to stop the problem is by increasing penalties for drug-related crimes. Some defendants can face murder charges if they are found to be involved in a fatal drug overdose.
Florida law’s definition of murder includes death that resulted from the distribution of certain illegal substances, including fentanyl. To win a conviction, prosecutors don’t have to prove that the defendant intended to distribute fentanyl, or even that they knew it was in the drugs they distributed.
Recently, a Florida man was convicted of manslaughter after prosecutors said he sold fentanyl to another man, who later fatally overdosed on the drug. The defendant, who had prior convictions, faces a prison sentence of at least 15 years.
In at least one other similar case, prosecutors have sought first-degree murder charges, even though first-degree murder charges traditionally require proving the defendant had the intent to kill.
Proponents say the law is necessary to discourage people from selling or using dangerous drugs. Critics say it discourages people from getting the help they need, and may be making the problem worse.
Good Samaritan law
Another Florida statute, known as the “Good Samaritan” law, can help encourage others to call for help when someone is experiencing an overdose.
Under the law, if a person acts in good faith to seek medical care for another person who appears to have overdosed, both the person calling and the person experiencing an overdose may not be prosecuted for drug possession. However, they may still face related charges, including drug distribution and homicide.
