In 2015, a young woman named Jamie Maynard gave a small amount of heroin to an acquaintance, Courtney Penix, who later overdosed and died. Maynard was not a dealer or trafficker, but an addict trying to help out another addict. As authorities investigated, Maynard found herself swept up in the prosecution’s zeal to punish everyone and anyone connected to Penix’s death, and was eventually charged with involuntary manslaughter and drug trafficking.

She was sentenced to four years and 11 months in prison, and released after two years for good behavior. Maynard’s case brought many controversies and questions to light – what are the merits of prosecuting overdoses as homicides? Does it work? Who is responsible for an accidental overdose?

Although Maryland does not currently have its own drug-induced homicide law, Attorney General Brian Frosh believes local prosecutors should consider manslaughter charges against drug dealers who sell particularly deadly drugs that lead to a fatal overdose. Additionally, federal law also allows individuals to be prosecuted for similar crimes.

“The distribution of dangerous drugs like heroin runs a risk of killing people,” Frosh explained. Although he doesn’t recommend homicide charges in every fatal overdose case, he does believe prosecution is warranted when someone supplies drugs “in a way that’s grossly negligent.”

Is prosecution the right thing? Is it working?

Although prosecutors and legislators who tout the use of drug-induced homicide laws say they’re necessary to slow down the rising rates of overdose deaths, a report from the Drug Policy Alliance says there’s no evidence to show that this method works. Further, even in states that aggressively pursue prosecution for drug overdose deaths, drug-related deaths continue to climb.

The fear of criminal prosecution actually prevents people with drug addiction problems from seeking the help they need. From the report:

“Unfortunately, the only behavior that is deterred by drug induced homicide prosecutions is the seeking of life-saving medical assistance. Increasing, and wholly preventable, overdose fatalities are an expected by-product of drug induced homicide law enforcement. The most common reason people cite for not calling 911 in the event of an overdose is fear of police involvement.”

Maryland is a Good Samaritan Law state, which protects people assisting in emergency overdoes situations from arrest and prosecution for certain drug crimes. However, many addicts are wary of authorities or don’t have a thorough understanding of their civil rights. Experienced and compassionate attorneys understand how to defend the rights of you or a loved one if they find themselves facing criminal charges as a result of their addiction.

Brian Saccenti, head of the appellate division of Maryland’s Public Defender’s Office, told the Baltimore Sun, “What do we want when people are overdosing? Trying to solve the opioid crisis with criminal penalties actually gets in the way of medical treatment.”

At Carey Law Office, we understand that drug charges can be complicated, and our defense attorneys can help. We’ll explain your rights and what you can expect, and then we’ll step up and fight for you. For a consultation, please call 301-464-2500 or use our contact form to schedule an appointment. We have offices in Bowie and Crofton.