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HB 1398

Criminal Law - Distribution of Heroin or Fentanyl Causing Serious Bodily Injury or Death (Victoria, Scottie, Ashleigh, and Yader's Law)

2025 Regular Session Introduced by Christopher Bouchat and 10 co-sponsors

Maryland bill creates enhanced criminal penalties for distributing heroin/fentanyl causing serious injury or death, aiming to deter dealers amid opioid epidemic.

Hearing 2/18 at 11:00 a.m.
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Bill Summary · HB 1398

Legislative bill overview

HB 1398 creates enhanced criminal penalties for distributing heroin or fentanyl when the distribution directly results in serious bodily injury or death to another person. Named after four individuals who died from opioid overdoses, the bill establishes a new crime category with stricter sentencing guidelines than existing drug distribution statutes.

Why is this important

Maryland, like many states, has experienced significant mortality from illicit fentanyl and heroin use. This bill attempts to hold distributors accountable when their drugs cause fatal or severe outcomes, potentially serving as a stronger deterrent. However, the approach raises questions about causation standards, prosecutorial discretion, and whether enhanced penalties effectively reduce opioid deaths compared to public health interventions.

Potential points of contention

  • Causation and legal burden: Establishing direct causation between a specific distributor's drug and a particular overdose death may be difficult, potentially affecting application consistency across cases.
  • Prosecutorial discretion concerns: Enhanced penalties could lead to disparate charging practices, disproportionately affecting dealers in certain communities while missing larger trafficking operations.
  • Public health vs. criminal approach: Critics argue resources spent on enhanced prosecution might be more effective if directed toward addiction treatment, harm reduction, and supply-chain interdiction targeting manufacturers and major traffickers.

Compiled from official sources — confirm details with the bill’s official record.

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