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Pennsylvania House of Representatives
07/26/2024 02:40 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=H&cosponId=41601
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: October 16, 2023 04:13 PM
From: Representative Zachary Mako
To: All House members
Subject: Amending Title 18 - Drug Delivery Resulting in Death
 
In response to the marked increase in the use and trafficking of heroin and fentanyl in this Commonwealth, I intend to introduce legislation to hold drug dealers strictly liable for any unlawful sale of a controlled substance that results in death.  As you are aware, overdose deaths have skyrocketed in recent years.  According to the Pennsylvania Overdose Information Network, there were 4,703 overdoses in this Commonwealth alone in 2022. Perhaps even more alarming, teen overdose deaths have doubled over the past three years.  This increase in fatalities, which shows no signs of abating, can largely be attributed to the rise of the unlawful sale and usage of fentanyl, an opiate-based drug that can be 50 times more potent than heroin.  According to the current Administrator of the DEA, “[f]entanyl is the single deadliest drug threat our nation has ever encountered.” 

Here are some of the significant dangers associated with the sale and use of fentanyl:
  1. High Risk of Overdose: Due to its extreme potency, it is increasingly common for individuals to accidentally take too much fentanyl, resulting in a fatal overdose. Even a small amount of fentanyl can have devastating consequences.
  2. Lethal Mixtures: Fentanyl is often mixed with other drugs, including heroin and cocaine, without the user's knowledge. This combination increases the risk of overdose and makes it difficult for individuals to gauge the potency of the substances they are consuming.
  3. Rapid Onset and Short Duration: Fentanyl's rapid onset of action and short duration can make it more challenging for users to control their dosage, increasing the risk of overdose.
  4. Dependence and Addiction: Like other opioids, fentanyl can lead to physical and psychological dependence, making it difficult for users to quit even when they are aware of the risks.
  5. Counterfeit Medications: Counterfeit pills that mimic the appearance of legitimate medications commonly contain fentanyl, putting individuals at risk of unintentional overdose when they believe they are imbibing a different drug.
  6. Respiratory Depression: Fentanyl use can lead to severe respiratory depression, a condition where a person's breathing becomes dangerously slow or shallow, which can result in coma or death.
  7. Highly Illicit Market: The illicit fentanyl market is vast, making it readily available to individuals seeking opioids. This accessibility exacerbates the risk of exposure to dangerous substances.
  8. Risk to First Responders: First responders, such as paramedics and law enforcement personnel, have been inadvertently exposed to fentanyl, which can be absorbed through the skin or inhaled, leading to health complications.
 
The individuals who knowingly traffic and sell fentanyl, heroin, and other opioids in this Commonwealth are acutely aware of the risks associated with a buyer’s ingestion of these drugs.  By selling a deadly substance like fentanyl or heroin, these dealers are callously disregarding a considerable and obvious threat to human life.  In drug delivery resulting in death prosecutions, defendants commonly argue that other drugs or alcohol found in the victim’s system were the actual cause of the victim’s death, not the drug sold by the defendant.  My legislation will prohibit defendants from raising this defense when a victim dies as a result of using a substance that was unlawfully sold by a defendant. 

Please join me in co-sponsoring this important piece of legislation to better protect our constituents from the deadly threat posed by fentanyl and other opioids.  
 


Introduced as HB1900