Proposed ‘Death by distribution’ law would target drug dealers | News

What would make the law unique is that it would stipulate someone could be charged with “death by distribution” if they “unlawfully distributed at least one certain controlled substance to the victim,” according to the bill. In addition, “simple death by distribution” would come with a sentence of 3.5 to 7.5 years, and “aggravated death by distribution,” which is reserved for dealers with prior convictions, would come with a sentence of eight to 17 years.

Current state laws limit prosecutors’ ability to charge drug dealers in overdose cases with first- or second-degree murder. Typically, such cases result in involuntary manslaughter charges, which can carry a sentence of just 10 to 20 months.

“With the recent surge in drug deaths due to opioids such fentanyl, prosecutors have told us that they need another weapon in their arsenal to deter drug dealing,” Arp said in a news release. “This won’t take away from our efforts to provide drug treatment and education, but it will ensure that anyone who is working against us by supplying lethal drugs to vulnerable people will be treated like the murderers they are.”

In the same release, Brown noted that the bill will help fight the opioid epidemic.

“Law enforcement has told us that they need another tool in their toolbox to combat this scourge,” Brown said. “We must do everything we can to stop the people who prey on that human weakness for profit.”

According to a release sent out by Welch’s office, she spent several months assisting in drafting the legislation because of the successful prosecution of Dotson.

“District Attorney Welch has been a strong proponent of assisting addicts in receiving the help needed to fight addiction while also wanting to hold those that peddle this poison accountable,” the release reads.

“The opioid epidemic knows no boundaries. It affects all individuals and families throughout our district, oftentimes resulting in deadly consequences,” Welch said in the release. “The Death by Distribution Act gives prosecutors the much needed tools to hold those that peddle poison for profit accountable for their actions.”

Waynesville Police Chief Bill Holingsed also had some input when the bill was being crafted.

“I went down and met with Ms. Welch and a number of DAs that were involved in the formulation of the bill and made a statement on behalf of law enforcement,” he said.

Hollingsed said he supports the bill.

“Law enforcement still needs to continue to hold those accountable that victimize others,” he said.

But as much local support as the bill has, some legislators have brought up concerns that its language may give prosecutors leeway to charge people outside the spirit of the law. For example, under the proposed law, someone who buys a small amount of opioids and gives any amount to a friend for personal use could be subject to prosecution.

“You could still have an overzealous prosecutor, and if you have someone who sells some pills to support their own habit, they could be charged,” Welch said. “Some legislators have brought that up as a concern.”

“That’s not my intent,” she added. “I was thinking of Dotson with this.”

Davis said it’s possible that legislators could amend the bill to specify who is and isn’t a “drug dealer.” While he isn’t sure it’ll get done, he said he’d support such an amendment.

“I think we need to build in protections against that,” he said. “We have the same problem with trafficking. Someone may get their supply for the month and qualify for trafficking even though they’re not a trafficker.”

Based on conversations Hollingsed and Welch had with folks in Raleigh, they thought the bill has bipartisan support. Davis agreed.

“I think there is significant support for the bill, but one never knows until the fat lady sings, as they say, so we’ll have to wait and see,” Davis said. “It’s up to us who advocate for the bill to monitor its support.”