The increased presence of fentanyl in this country has made the epidemic of fatal drug overdoses even worse. Ingesting a tiny amount of this synthetic opioid can result in a quick death. The Georgia Department of Public Health has estimated that from 2019 to 2022, fentanyl-related overdoses rose by over 300%.
Many drugs are laced with fentanyl, which is about 50 times stronger than heroin. People often ingest it without knowing that.
What is “Austin’s Law?”
A state law enacted last year that’s aimed at combatting the distribution of fentanyl is named for a Georgia man who died after consuming one fentanyl-laced Xanax pill he bought on the street. His family advocated for what is called “Austin’s law” because at the time, the penalty for unintentionally distributing fentanyl was a misdemeanor (although no one was arrested or charged in that case.)
Now, with Austin’s law, anyone who sells or manufactures a drug they know is laced with fentanyl can be charged with aggravated involuntary manslaughter if someone dies as a result if they “represent[ed] that such substance was any controlled substance.”
This raises the stakes considerably for anyone who sells drugs – even individual pills – illegally. Even if someone has no intention of causing someone’s death, the fact that they knowingly produced or sold a substance with ingredient that can – and did – prove fatal is enough for this felony charge.
Increased penalties related to “counterfeit substances”
The same law also increases the penalties for manufacturing “counterfeit substances.” These often contain fentanyl. In Georgia, 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” if you know or can reasonably believe that it will be used “to manufacture a controlled substance or counterfeit substance.” A conviction can result in a prison sentence of one to ten years.
If you’re facing any fentanyl-related drug charge, it’s crucial to take it seriously. A conviction can derail your life. Getting experienced legal guidance as soon as possible can help you protect your rights and your future.