While state’s are moving towards decriminalizing marijuana, states are also passing legislation reminiscent of the “war on drugs” in the the 1980s due to the rise in fentanyl overdoses. Florida is part of that trend with the passage of HB 365 and HB 1359.
Breaking Down the New Legislation
Prior to HB 365, state law provided that a person could be charged with murder if someone died because of a drug they distributed. In other words, the person charged had to be the “proximate cause” of the death. Now, with HB 365, the defendant only has to be a “substantial factor” in a fatal overdose and the defendant can be eligible for the death penalty. In addition, the law provides for much harsher consequences for providing drugs that lead to overdoses.
Florida also passed HB 1359. This law increases penalties for fentanyl that looks like a branded food product, incorporates a real or fake copyright or trademark, looks like candy, or has a cartoon character on it. If an adult gives fentanyl meeting this criteria to a minor the mandatory minimum is 25 years prison.
There is support and opposition to these new laws. Supporters claim that these harsh laws provide a deterrent to people who sell illegal drugs. The opposition claims that these laws unfairly punish people who are sick with addiction.
Working With an Experienced Advocate
The complexity of these new laws underscores the importance of informed legal guidance for those facing charges or seeking clarity on how these changes might impact them. Heather Bryan Law, P.A. is here to help. Our experienced and compassionate approach ensures that we provide you with the support you need and stand with you through these challenging times. We are ready to give you peace of mind with clear guidance and a robust defense. Contact us today by calling (863) 417-2130 to schedule a consultation and take the first step towards understanding your rights and options under Florida’s updated drug laws.
Heather Bryan Law, P.A.
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