Liability for drug-induced deaths

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  • (a) Notwithstanding any other provisions of law to the contrary, any person who manufactures, distributes, or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in section 595 of this title schedules I or II, or any controlled substance analog thereof, in violation of section 604 of this chapter, shall be liable for a death which results from the injection, inhalation, or ingestion of that substance, and is guilty of a crime punishable by life imprisonment without parole.

  • (b) For purposes of this offense the defendant's act of manufacturing, distributing, or dispensing a substance is the cause of death when:

    • (1) The injection, inhalation, or ingestion of the substance is an antecedent but for which the death would not have occurred; and

    • (2) The death was not:

      • (i) Too remote in its occurrence as to have a just bearing on the defendant's liability; or

      • (ii) Too dependent upon conduct of another person which was unrelated to injection, inhalation, or ingestion of the substance or its effect as to have a just bearing on the defendant's liability.

  • (c) It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, or ingestion of the substance or its effect.

  • (d) Nothing in this section shall be construed to preclude or limit any prosecution for homicide. Notwithstanding any other provision of law, a conviction arising under this section shall not merge with a conviction for the violation of any other section in this chapter.


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