MS Law Imposes Harsher Penalties as Fentanyl Deaths Spike

By MARIA CLARK, The Clarion Ledger

JACKSON, Miss. (AP) — Cordie Rodenbaugh recollects a dialog she had along with her son Parker on the finish of his freshman 12 months of faculty. He had determined to switch colleges to Mississippi State College to review structure they usually spoke about his future.

“He mentioned, ‘Mama, I simply need to make a distinction on this planet,” she mentioned not too long ago.

Parker died in 2014, when he was 22 earlier than his junior 12 months, from the consequences of a drug referred to as 25b-NB0me, or “artificial LSD,” which he took at a celebration and induced him to have violent convulsions. Two acquaintances testified in courtroom that they sought medical care however solely after Parker was turning blue and appeared to have stopped respiratory.

His demise led to what’s believed to be the primary recognized case in Mississippi the place a drug vendor was prosecuted for homicide in a drug-related demise. The one who offered him the artificial LSD, Skylar O’Kelly, was convicted of drug trafficking and second-degree homicide and sentenced to 2 concurrent 10 12 months sentences in 2016. A state appeals courtroom, nevertheless, overturned the homicide conviction in 2018 discovering there was inadequate proof to help the cost. O’Kelly was later resentenced on drug trafficking fees and stays in state custody.

Since her son’s demise, Rodenbaugh has devoted her life to talking with households who’ve misplaced family members to drug overdoses. As deaths have surged resulting from artificial opioids in recent times in Mississippi, she has held Narcan coaching in her house however she primarily focuses on lobbying for harder legal guidelines to carry drug distributors accountable for overdose deaths.

Makes an attempt to move such legal guidelines have failed till this 12 months when HB 607 — higher generally known as Parker’s Legislation — was accepted by state lawmakers in March. Mississippi Gov. Tate Reeves signed the invoice April 19.

Earlier variations confronted criticism from psychological well being advocates who feared it criminalized an already susceptible inhabitants and would hold individuals from searching for assist, leading to additional overdose deaths.

The brand new regulation particularly targets the sale of fentanyl. An individual charged with drug distribution of fentanyl might face 20 years to life in jail if the sale straight leads to an overdose demise. It takes impact July 1.

Drug customers who share medication leading to an overdose or those that search medical assist for individuals who overdose can’t be charged below the regulation.

State Rep. Nick Bain mentioned the regulation was crafted with enter from psychological well being consultants and supplies prosecutors a instrument to go to after this sort of crime.

“And I imagine it’s a crime,” he mentioned. “I believe the invoice is slim and tailor-made to fentanyl and geared toward being a protect for people who find themselves addicts and targets individuals attempting to use them for being addicts.”

Drug overdose deaths have skyrocketed in the course of the pandemic. There have been greater than 100,000 overdose deaths within the U.S. throughout 2020 and 586 had been Mississippians, in line with CDC information.

Deaths involving fentanyl climbed from 139 in 2019 to 313 in 2020, in line with the Mississippi State Division of Well being. Greater than half of those deaths concerned the usage of a number of substances and a couple of third had been amongst individuals youthful than 35.

In Mississippi and nationally, one of many main causes of this disaster is the prevalence and availability of illicit fentanyl, mentioned Col. Steven Maxwell, director of the Mississippi Bureau of Narcotics. Not like pharmaceutical-grade fentanyl, it may be minimize, coloured, scored, and pressed to be offered as a counterfeit for different illicit medication akin to Xanax, Ritalin or Oxycodone, he mentioned.

Fentanyl is extraordinarily deadly and about 50 occasions stronger than heroin. “Two milligrams of fentanyl is actually a deadly dose,” mentioned Maxwell.

Put into perspective, that quantity equates to about 15 to twenty granulates of salt.

Maxwell’s company is responding to the disaster by collaborating with state well being officers to coach the general public in regards to the risks related to the misuse or abuse of illicit medication and of medication probably laced with fentanyl.

“After we discuss to highschool college students about this we try to impress upon them it’s not simply marijuana however may very well be marijuana laced with fentanyl or another artificial drug. And oftentimes the retail-level sellers (promoting small portions) don’t know what they’re promoting themselves,” he mentioned.

Homicide convictions in drug overdose circumstances are nonetheless uncommon, although the rise in artificial opioid-related deaths has prompted extra states to think about legal guidelines that will maintain drug distributors accountable.

As of 2019, 25 states had some type of a drug-induced murder regulation on the books, in line with Temple College’s Prescription Drug Abuse Coverage System. The costs differ by state from manslaughter to capital homicide, which carries a life sentence with out the opportunity of parole.

In Mississippi, the O’Kelly case was one of many first recognized examples the place a homicide conviction occurred along with drug trafficking fees. Final month, Jackson resident Carlos Allen was sentenced to 124 years in jail with out the opportunity of parole for drug trafficking fentanyl which resulted within the overdose demise of a 24-year-old man in 2021.

However these circumstances stay among the few exceptions.

Drug-induced murder legal guidelines date again to the Eighties and have been criticized by drug coverage consultants who say they criminalize susceptible drug customers quite than successfully goal drug distributors.

Typically these legal guidelines don’t have the impact they’re meant to have and do extra hurt, mentioned Angela Mallette, the founding father of the Mississippi Hurt Discount Initiative, a company that advocates for health-based options for individuals dwelling with habit.

“If you move these kind of legal guidelines, it creates elevated concern among the many drug-using inhabitants to name for assist, ” she mentioned. “It does nothing to lower the quantity of people that use. Persons are nonetheless going to make use of a substance they’re dependent upon. However now there’s a risk that they are often charged with homicide if somebody overdoses. In situations like that, it simply precipitates extra individuals dying.”

Along with the protection nets constructed into Parker’s Legislation, a non-partisan committee of the Mississippi legislature can be required to judge and report how many individuals are prosecuted yearly below the provisions of the invoice.

“This can be a great way to see how this regulation is taking part in out and whether it is leading to any dangerous practices,” she mentioned.

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