In response to the growing fentanyl crisis, Texas has joined several states across the nation in taking a hard stance against fatal fentanyl overdoses. Texas Governor Greg Abbott’s signing of House Bill 6 (HB 6) established new criminal offenses, including the creation of a “fentanyl murder” charge and enhanced penalties for fentanyl-related crimes.
New Offense: Fentanyl Murder
The most significant change introduced by HB 6 is the creation of a new criminal offense: murder for supplying fentanyl that results in death. This offense falls under Section 19.02 of the Texas Penal Code and represents a significant shift in how the state approaches fentanyl-related fatalities.
Key aspects of this new law include:
- An intent to kill is not required for a conviction.
- Any amount of fentanyl may trigger the offense.
- The penalty for fentanyl murder is equivalent to that of other murder charges in Texas.
The law includes a defense for authorized distributors, such as pharmacists and medical professionals acting within the scope of their practice.
Fentanyl murder is a first-degree felony. A conviction could result in a sentence of five to 99 years imprisonment and a $10,000 fine.
Modification of Existing Laws
In addition to creating the fentanyl murder offense, HB 6 also enhances fentanyl-related penalties for existing crimes. The law increases penalties for manufacturing or delivering fentanyl, with punishments varying based on the amount of the drug involved as follows:
- Less than one gram: 2 to 10 years in prison, up to $10,000 fine
- At least one gram but less than four grams: 2 to 20 years in prison, up to $10,000 fine
- At least four grams but less than 200 grams: 10 to 99 years in prison, up to $20,000 fine
- At least 200 grams but less than 400 grams: 15 to 99 years in prison, up to $200,000 fine
- At least 400 grams: 20 to 99 years in prison, $500,000 fine
Be aware, these penalties are separate from and in addition to those stemming from an overdose-related death.
The enhanced penalties give law enforcement more tools to address the fentanyl crisis by holding dealers accountable. However, critics argue that increased penalties might discourage people from seeking help for someone suffering from an overdose.
The passage of HB 6 comes in response to alarming statistics and tragic events, as reported by The Texas Tribune, involving fentanyl overdoses in Texas. From fiscal years 2019 to 2021, fentanyl-related overdose deaths in the state rose by nearly 400 percent. The Centers for Disease Control and Prevention estimates that more than 5,000 people died of drug overdoses in Texas between July 2021 and July 2022.
The issue gained even more attention following the deaths of Texas teens and young adults who unknowingly ingested fentanyl while believing they were taking Adderall, a medication used to treat attention-deficit hyperactivity disorder (ADHD).
How an Experienced Criminal Defense Lawyer Can Help
If you or a loved one are charged with murder in a fentanyl-related crime under the new law, it’s crucial to seek experienced legal representation immediately. At Broden & Mickelsen, LLP, we are board-certified specialists in criminal defense and criminal appellate law by the Texas Board of Legal Specialization, with more than 60 years of combined professional experience to put at your disposal. Contact us today for a free consultation with our Texas criminal defense lawyers, and let us start protecting your rights and freedoms right away.
