VA Creates New Fentanyl Homicide Charge, With Limited Exemptions

    Virginia will begin punishing fentanyl distribution convictions as involuntary manslaughter, in cases that can be linked to overdose death. In some cases, if it can be determined that no financial gain was involved, the distribution will not be considered manslaughter and carry lighter penalties. The law will take effect July 1.

    Governor Glenn Youngkin (R) signed SB 746 on June 13. Introduced by Senator Ryan McDougle (R), the legislation creates a new felony charge that will apply to distribution, manufacture or sale of fentanyl or fentanyl-related substances.

    Involuntary manslaughter is a Class 5 felony in Virginia, and the charge is generally what someone would face for causing a death while driving under the influence. It’s punishable by up to 10 years in prison; it’s possible that if someone convicted under the new law is found guilty of aggravated involuntary manslaughter, they could face up to 20 years.

    However, the new law stipulates that if the death is determined to be linked to an “accommodation” sale—sharing between peers, without financial gain—it will not be considered involuntary manslaughter. These cases would be prosecuted as Class 6 felonies, and as such the maximum prison term would be five years. At the discretion of the courts or a jury, this could potentially be reduced to jail time of up to 12 months or a fine of up to $2,500, or both. The accommodation sale exception will not apply if the person who died was incarcerated in a state or local correctional facility.

    “Fentanyl dealers should be held accountable for the lives they take and the families and communities they destroy,” Youngkin stated in a June 13 press release. “Through our comprehensive approach, Virginia is leading the nation in reducing drug overdoses and fentanyl deaths, which have dropped by 44 percent year-over-year.”

    Recent data from the Centers for Disease Control and Prevention and from the Virginia Department of Health show that overdose deaths in the state dropped off steeply in 2023 and 2024, compared to data from 2021. Overdose deaths across the country have seen a similar shift in trajectory, but while a variety of factors have contributed to this there’s no evidence to suggest that fentanyl criminalization has been among them. Historically, harsher criminalization has never delivered on promises to improve public safety or health, while harm reduction approaches have been overwhelmingly linked to a reduction in overdose deaths.

    Many states have recently enacted or proposed fentanyl homicide laws that carry even harsher penalties.

    In recent years the country has seen a surge of proposals to criminalize fentanyl distribution as homicide when it can be linked to overdose. At least 33 states have enacted drug-induced homicide laws, sometimes called “death by distribution” laws, many of which have fentanyl-specific provisions.

    Many states have recently enacted or proposed fentanyl homicide laws that carry even harsher penalties than Virginia’s. Carveouts for sharing between peers are not the norm. The trend has been toward higher mandatory minimum prison sentences, with life sentences as the maximum, and some proposals—including at the federal level—have called for the death penalty.

    The current legislative session has a litany of state-level proposals to increase fentanyl penalties for additional convictions related to drug-impaired driving and so-called “exposure.” Others aim to lower the thresholds for the different amounts of fentanyl that correlate to different lengths of prison time.

    As governor, Youngkin has overseen a series of enforcement actions targeting people who use and sell fentanyl. In 2024, he signed a law cracking down on pill presses, which punishes their possession or sale as a Class 6 felony. In 2023, he approved the designation of fentanyl as a “weapon of terrorism.”

     


     

    Image via New York Representative Nicole Malliotakis

    • Alexander is Filter’s staff writer. He writes about the movement to end the War on Drugs. He grew up in New Jersey and swears it’s actually alright. He’s also a musician hoping to change the world through the power of ledger lines and legislation. Alexander was previously Filter‘s editorial fellow.

    • Show Comments

    Your email address will not be published. Required fields are marked *

    comment *

    • name *

    • email *

    • website *