Heroin addiction continues to skyrocket across the nation, but the epidemic is hitting hard here in New Jersey. The state has experienced record high rates of drug addiction and overdoses in the past few years. In New Jersey, the overdose death rate is three times higher than the national drug-related death rate. This past year alone, more than 700 people have died from heroin related overdoses—that’s double the amount of deaths since 2010.

New Jersey legislators have been grappling with the statewide epidemic by creating underutilized and inefficient solutions that are failing addicts. Prosecutors have resorted to using aggressive tactics to curb the rising fatal heroin overdoses in the state. In an effort to battle rampant opioid addiction, prosecutors are revitalizing an old law that holds drug dealers responsible for a drug-induced death.

The “Strict Liability for Drug-Induced Death” statute was enacted in 1987, but it hasn’t been used until recently. According to the statute, anyone who produces or distributes drugs is “strictly liable for a death, which results from the injection, inhalation, or ingestion of that substance and is guilty of a crime of the first degree.”

The availability of the drug in New Jersey is one of the primary contributing factors for this rise of heroin addiction and overdose. Our state is a prime location for the distribution of this deadly substance. Sandwiched between New York and Philadelphia, New Jersey is a gateway for heroin trafficking in our neighborhoods. Prosecutors are using Strict Liability for Drug-Induced Death Law to punish drug dealers when there is a death involved. It places the fatal overdose of a user at the feet of the person who provided the illegal substance. The statute allows prosecutors to pursue homicide charges against someone who provided schedule I or schedule II drugs that directly led to someone’s death. The first-degree crime carries a lengthy state prison sentence of up to 20 years along with hefty fines.

New Jersey Prosecutor offices have increasingly been using this law to send a signal loud and clear to drug dealers. But they aren’t the only ones who should beware of the reemergence of this law. Under the statute, anyone involved in supplying drugs that caused a fatal overdose is liable. That means if you give your friend drugs and they die, you can be charged with homicide.

Drug dealers or providers can be charged with homicide under this statute, but it can be challenging to reach a guilty verdict. The Strict Liability for Drug-Induced Death law was rarely used in the past because the chain of supply leading up to the fatality can be tough to trace. The court must prove a direct link between the supplier and the victim.

I understand that if you or a loved one has been charged with a drug crime, this can be a very stressful time. What occurs next can either have a great impact on your life, or it can be minimized. This is your life, and you owe it to yourself to speak with an experienced attorney. Give me, David W. Polsky, a call at (973) 686-9787 for a free consultation.