As a way of combatting illegal drug sales that resulted in an increasing number of fatal overdoses, Indiana passed a law in 2018 penalizing anyone who supplies an illegal drug that is used by someone who then overdoses and dies. The law provides stiff penalties of anywhere from 3 to 50 years in prison, depending on the circumstances.
The Indiana Overdose Supplier Law
The law is titled “Dealing in a controlled substance resulting in death.” It penalizes anyone who supplies a wide range of illegal drugs, including cocaine, methamphetamine, synthetic drugs, or other so-called “controlled substances,” when a death occurs as a result of using the supplied drug. It applies whether or not the user acquired the drug directly from the supplier, and in situations where the drug is “used, injected, inhaled, absorbed, or ingested.”
The law provides for three levels of offenses:
- If the defendant “manufactures or delivers” drugs in violation of certain specific Indiana statutes prohibiting dealing or manufacturing drugs such as cocaine, narcotics, methamphetamine, or schedule I, II, or II controlled substances, and someone dies as a result of using them, it’s a Level 1 felony, with a sentence range of 20 to 50 years.
- If the drug that is manufactured or delivered is a schedule IV controlled substance and the drug causes the death of the user, it’s a Level 2 felony, with a sentence of between 10 and 30 years.
- In cases where the drug is a Schedule V controlled substance, a synthetic drug, a controlled substance “analog,” or some other substance that is represented as being a controlled substance, and the drug causes the user’s death, it’s Level 3 felony, and the sentence can range from 3 to 16 years.
Drug Overdoses in Indiana: A Serious Problem
According to the Indiana Department of Health, there were 2089 drug overdoses statewide in 2023, down from a high of 2670 in 2022. Opioid overdoses represent the vast majority of overdose deaths, with 1575 in 2023 and 2064 in 2022. The law penalizing those who deal in, manufacture, or provide drugs that lead to overdose deaths is intended to be one of a number of tools designed to help reduce overdoses and overdose deaths across the state.
Razumich & Associates Can Help if You’re Accused of Supplying a Drug that Resulted in an Overdose Death
With such serious penalties on the line, if you’ve been accused of supplying drugs that were used by someone who fatally overdosed, you need a strong and effective defense. At Razumich & Associates, our experienced criminal defense attorneys have helped clients across Indiana protect their rights and defend themselves from serious criminal charges, including drug-related charges. When you’re facing the possibility of a decade or more in prison, you need the help of an attorney who understands Indiana’s criminal laws and procedures and who will vigorously fight for your rights.
Call Razumich & Associates today at 317-449-8661, or use our contact form to schedule a confidential consultation to learn more about how we can help you face and defend against serious drug charges. When your future is on the line, Razumich & Associates is here for you.
