Drug Delivery Resulting in Death usually focuses on opioids like fentanyl and heroin. But, it can involve any controlled substance that someone delivers illegally. Other drugs like Methamphetamine, MDMA (“Molly”), and counterfeit pharmaceuticals are often present.
Penalty
Under Pennsylvania law, “Drug Delivery Resulting in Death” (DDRD) is a felony of the first degree. It occurs when someone intentionally gives another person a controlled substance illegally and someone dies as a result of using the substance. This is a homicide, carrying a potential prison sentence of up to 40 years.
What level of culpability is required?
Initially, the legislature enacted DDRD laws to go after high level drug dealers who sold drugs for profit. The Commonwealth needed to prove these drug dealers showed malice towards their victims, meaning the dealers really didn’t care at all about whether the victim would be OK. However, in 2011, the legislature amended the statute and removed “malice” as an element.
As the law stands today, the Commonwealth only needs to prove that the dealer acted recklessly. This means that the dealer disregarded a substantial risk that they could seriously hurt or kill somebody by giving someone else those drugs. Since these days it’s not much of a surprise that giving someone else drugs illegally could seriously harm or kill them, especially when it’s something like heroin or fentanyl, Pennsylvania’s DDRD law is difficult to defend against.
Recent court cases have made it more difficult for the Commonwealth to charge. In 2020 the Supreme Court of Pennsylvania, in Commonwealth v. Peck, overturned a DDRD conviction where the drugs were sold in Maryland but then used in PA where the death occurred. The delivery of drugs needs to occur inside the Commonwealth of Pennsylvania, and the prosecution has to prove it.
Not just for “Drug Dealers”…
What’s worse is that DDRD is no longer a charge only for high level drug dealers. As a result of the opioid epidemic and a growing number of overdoses, the Commonwealth routinely charges drug users with DDRD. This means if you buy drugs and share them with a fellow user, you can face a DDRD charge if they die. Money does not need to be exchanged! If you have drugs and share them with a friend, if your friend dies, you can be charged with DDRD. The amount of drugs does not matter! Whether you share a large portion of cocaine, or a small portion of heroin, you can be charged with DDRD.
Although the Commonwealth has sole discretion to file this charge against a fellow user – here at Fairlie & Lippy we have noticed some trends. The Commonwealth is less likely to charge if the two users were long time friends, or if the deceased had numerous different drugs in their system, or if the decedent’s family does not wish to pursue charges.
If you or someone you know faces charges of drug delivery resulting in death, you may have a defense. Drug users often have numerous suppliers and use several different phones. You need an experienced attorney to defend against these crimes. At Fairlie & Lippy we have seen numerous DDRD cases come down to a battle of experts. The Commonwealth relies on forensic pathologists and experts on cell-site location information (CSLI) to prove their case. We have numerous experts on hand to review the Commonwealth’s reports and offer a different analysis.
