The dangers of fentanyl cannot be overstated. This synthetic opioid has been estimated to be about 50 times stronger than heroin. Even ingesting a tiny amount of it can be almost instantly fatal. Many people don’t intend to take fentanyl. They may be exposed to it through other drugs that are laced with it.
A state law that was signed last year and is aimed at strengthening the penalties for distributing fentanyl was named for a Georgia man who died after taking a single Xanax (a prescription medication widely taken for anxiety) that he’d bought from someone on the street that was laced with fentanyl.
After his death, the man’s parents began advocating for stronger penalties for those who sell drugs that contain fentanyl. The man’s father said that even if the person who had sold his son Xanax had been caught, they likely wouldn’t have been charged with “anything more than a misdemeanor because there weren’t any laws that dealt with fentanyl.”
What does “Austin’s Law” say?
Under “Austin’s Law,” a person who manufactures or sells any substance containing fentanyl that kills someone can be charged with the crime of aggravated involuntary manslaughter if they “represent[ed] that such substance was any controlled substance.” A person who is convicted can face a minimum prison sentence of 10 years and a maximum of 30 years.
The law also increases the criminal penalties that can be imposed for manufacturing counterfeit substances, which are often laced with fentanyl. It’s now a felony to “possess, purchase, deliver, sell or possess with intent to sell or deliver a pill press or tableting machine, an encapsulating machine or other controlled substance counterfeiting materials” that can be used “to manufacture a controlled substance or counterfeit substance.” A conviction can carry a sentence of anywhere from one to ten years in prison.
Being involved in the manufacturing or sale of controlled substances comes with the risk of serious, life-altering criminal charges. Even someone who tries to sell one pill they think is harmless can be sentenced to decades behind bars if it causes a fentanyl overdose or other fatal consequences. It is important to not face the justice system without legal guidance.