Dealers now being charged in drug overdose deaths

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http://finance.yahoo.com/news/dealers-now-being-charged-drug-122212185.html

With the number of heroin overdoses skyrocketing nationwide, a growing number of law enforcement agencies are dusting off strict, rarely used drug laws, changing investigatory techniques and relying on technology to prosecute drug dealers for causing overdose deaths.

Rather than going after lower-level users of heroin, prosecutors are looking to take out dealers and members of the supply chain by connecting them and the drugs they sold to overdose deaths and charging them with laws that carry stiff penalties.

"We're going to be ruthless," said prosecutor Joseph Coronato of Ocean County, N.J., where 75 overdose deaths have occurred this year. "We're looking for long-term prison sentences."

Coronato and other New Jersey prosecutors are employing the state's little-used "strict liability for drug death" statute, a first-degree crime that holds dealers and producers responsible for a user's death and has a 20-year maximum sentence.

He and other prosecutors nationwide are changing the way they investigate overdoses, which were once looked upon as accidents. Detectives are being immediately dispatched when word of an overdose comes in.

Paramedics are being told to treat overdoses like crimes. And coroners are being asked to order autopsies and preserve forensic evidence, as proving that a death was caused solely by heroin can be difficult when other opiates, drugs or alcohol are present in a person's system.

"When you go to an overdose death, treat it like a crime scene. Don't treat it like an accident," said Kerry Harvey, the U.S. attorney for eastern Kentucky. He has started prosecuting people who sold both prescription opiates and heroin under a federal law that prohibits the distribution of illicit substances and allows additional penalties for a death.

Technology is another boon to such cases. Prosecutors said cellphones have been instrumental in helping gather enough evidence because people leave behind a trail of text messages and calls.

"People text their dealer and say, 'Get me some horse,'" said Hennepin County, Minn., attorney Mike Freeman, using slang for heroin. "They text back and say, 'Meet me at McDonald's, I have some really good horse.' The guy is dead three hours later."

Kathleen Bickers, an assistant U.S. attorney in Oregon, has prosecuted more than 40 cases under the federal statute. The goal, she said, is to take down as many rings on the heroin supply chain ladder as possible.

"We don't stop at street-level dealers. We go up as many levels as we can" after a fatal overdose, Bickers said.

The story continues: http://finance.yahoo.com/news/dealers-now-being-charged-drug-122212185.html
 
Does this now mean patients/families of patients can go after drug manufacturers or the prescribing doctor if there is an overdose?
 
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Does this now mean patients/families of patients can go after drug manufacturers or the prescribing doctor if there is an overdose?

In the name of fairness one would hope so, but probably not. Drug manufacturers are selling their drugs legally, drug pushers are not:

article said:
He has started prosecuting people who sold both prescription opiates and heroin under a federal law that prohibits the distribution of illicit substances and allows additional penalties for a death.

So that's probably their main point of entry when prosecuting people for selling drugs.

Nobody should be sent to prison simply for selling drugs: only when the seller has deliberately misrepresented their product, of failed to properly warn of the possible dangers associated with new synthetics, should one be charged with a crime. Other than that, it's up to every drug user to exercise caution.
 
have to figure out a way to stay off the phones.

looks like they will use phone evidence to link possesion.
 
Does this now mean patients/families of patients can go after drug manufacturers or the prescribing doctor if there is an overdose?

This is a very important question to ask.
The answer is "no", however, because the big rich companies made money from those drug deals, and that is the way the system is set up - to support those types of "pushers".

When someone like myself specifically seeks out a dealer in order to obtain drugs, how exactly is he "pushing" drugs?
Compared to the pharmaceutical companies? It is not at all.
Those companies are the real pushers.
 
doctors also prescribe a set dose and the meds come with warnings and like daily limits as well. It's your choice to ignore these so maybe if dealers put the same kind of thing on the bags they could just be like 'they chose to ignore it'. It would be pretty ridiculous though. The dealers shouldn't get punished for the mis-use of drugs by the users
 
opi8 said:
When someone like myself specifically seeks out a dealer in order to obtain drugs, how exactly is he "pushing" drugs?

Oops, my mind defaulted to a term "pushed" into it by years of listening to the media. I really meant dealers, which of course are quite different. Clearly, the biggest drug pushers to be found today likely aren't found on street corners, but in offices :\
 
"Meet me at McDonald's. I have some really good horse" the dealers text.



LOL wtf planet is that?
 
doctors also prescribe a set dose and the meds come with warnings and like daily limits as well. It's your choice to ignore these so maybe if dealers put the same kind of thing on the bags they could just be like 'they chose to ignore it'. It would be pretty ridiculous though. The dealers shouldn't get punished for the mis-use of drugs by the users

Exactly this. Doctors can be held responsible for a patients death if they do not correctly prescribe the dose and take into account any drug interactions with their other medications. I am all for drug dealers having to take some responsibility for their clients health. If you ever want a regulated system of drug trade this would be a top priority so why should they be able to deal out shit without proper consequence. If the user is found to be at fault then the dealer should be fine
 
the only way this could help anything, is if dealers start making their product more consistent between doses. changing levels of purity are one of the big factors in overdose
 
The guys getting busted for selling dope are usually not the guys preparing the product. That's the way the market is designed in the US.

If anything, this law will make people even more paranoid about calling 911, especially since:

Detectives are being immediately dispatched when word of an overdose comes in. Paramedics are being told to treat overdoses like crimes.

An effort to reduce fatal overdoses will result in more fatal overdoses. Why would any of you expect anything different from the American justice system?

Notice also that this article originates in the state of New Jersey, which just debuted a 911 overdose good Samaritan law. My ultra-cynical reading of this is that law enforcement can't stand to have their power limited, so they're looking for ways to nullify whatever immunity that law may confer. The law exempts you from possession charges, but not from murder charges.
 
Name one industry where you wouldn't at least be investigated for involvement in a death? If as drug users you want to treated like the rest of society then you need to take responsibility for your friends safety. If that means monitoring doses or trying to stop unsafe practices then surely this can't be a bad thing? Is it not better to avoid the OD than having to worry about the legal consequences?
 
You need to look at the illegal drug market like a non-Newtonian fluid. Just like the laws of classical mechanics don't apply to one, the customary laws of commerce don't apply to the other.

I always call 911, but I'm sacrificial. I don't pretend that my peers will be sacrificial too. We need a system that takes this selfishness into account.
 
Reading this angered me in a way that I can't really even describe....It's the mentality behind it, I think...

Throwing someone in prison for supplying someone with the drugs they OD on won't bring that person back. It won't stop the flow of heroin... It won't deter people from using it. It won't bring down any high-level distributors. What exactly will it do? Well, I guess the thinking is that it would deter people from selling drugs or acquiring drugs for other, but I don't think it will even accomplish that....All it will accomplish is ruining even more lives by sending more people who aren't violent criminals to prison, which for this prosecutor and certain other ignorant LEO types seems to be their answer for everything!

How do you determine who's responsible for someone ODing? "Overdosing", by definition, is "taking too much"! If you take too much and die, that's your own carelessness killing you! If you sold someone deadly poison. that would be one thing, but that's not what this is...

There's really people out there that still believe "the war on drugs is winnable"...I guess they think that that if you make the laws harsh enough and keep throwing as many people involved with drugs in prison for unreasonable amounts of time, you'll eventually scare the whole US straight!

This is just so counterproductive and huge a step backwards....
 
This makes me think. Say your selling drugs, if you had everyone who bought from you sign a wavier/contract stating that you warned them of the dangers, etc, could you use it in court if getting charged with something like this? Obviously dealers are not going to be doing this, just curious.
 
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