New Texas law allows murder charge in fentanyl death

Texas Gov. Greg Abbott (R) signed into law a slate of bills Wednesday aimed at curbing the opioid epidemic in his state, including one allowing prosecutors to charge fentanyl distributors with murder.

The laws also specify how fentanyl deaths are recorded on death certificates, provide funding for naloxone anti-overdose medication in universities and fund a statewide awareness campaign aimed at young people.

“The fentanyl epidemic has taken far too many innocent lives, but thanks to the work by brave parents and loved ones, like those here today, we have made Texans aware of this crisis,” Abbott said in a statement.

House Bill 6, which allows the murder charge, specifies that a person who provides fentanyl that is used in a fatal overdose — even if the fentanyl is mixed with other fatal drugs — may be held liable for a person’s death. The murder charge would carry a 15-year minimum sentence if convicted, the bill reads.

The bill also increases the penalty for manufacturing or distributing fentanyl. 

All four fentanyl bills were passed with bipartisan support in the Texas House and Senate in May.

Abbott named the opioid epidemic an “emergency” priority during his State of the State speech in February. Nearly 5,000 Texas died of drug overdoses in 2021, according to CDC data, the sixth most of any state. However, much of that is due to Texas’s large population. Per capita, Texas had the fourth fewest overdose deaths of any state in the country.

In April, Abbott announced the “One Pill Kills” public information campaign warning about overdose deaths, costing the state $10 million.