by Kerry Dougherty

If you thought Virginia lawmakers wouldn’t be able to reverse some of the damage done by the past two administrations, next winter’s session may ease your mind.

Governor Glenn Youngkin announced this week that he wants the law to change so that prosecutors can charge drug dealers with murder when their wares kill people. This should be easy!

In 2019 the General Assembly overwhelmingly passed a bipartisan bill to do just that. In fact, every single Senator voted for it. The measure passed the General Assembly on February 23, 2019. On May 2nd then-Governor Ralph Northam vetoed it.

Governor Ralph Northam has vetoed a bill that Virginia lawmakers passed with bipartisan support to let prosecutors charge drug dealers with homicide for fatal overdoses.

House Bill 2528 amended Virginia’s laws to let anyone who distributes controlled substances to someone who later dies from use of those substances be charged with causing that person’s death.


The bill, which was supported by prosecutors across Virginia and by Attorney General Mark Herring, passed the House on a 69-30 vote and the Senate on a 40-0 vote…

Under current law, a drug dealer would be charged in the death of a customer only if the overdose happened at the time and place of the deal.

Northam was notoriously soft on crime. His parole board freed a number of murderers and even one cop killer. He himself waffled about crime saying he was in favor of second chances.

Second chances?

By the time they’re locked up in the state pen most felons are on their 4th, 5th or 20th chance.

Fortunately, there’s a new sheriff — er, governor — in the commonwealth who doesn’t side with Virginia’s criminals over victims and he’s promised to sign the bill the minute it hits his desk. His attorney general is also committed to prosecuting drug dealers to the fullest extent of the law.

When I texted him yesterday, Attorney General Jason Miyares told me that there are between 4 and 7 fatal overdoses a day. Many caused by more “benign” drugs laced with deadly amounts of fentanyl.

“A drug dealer would be guilty of felony homicide – second degree murder – if they manufacture, sell, gift, or distribute a controlled substance classified as Schedule I or II that results in a fatal overdose,” Miyares said. “Dealers who lace drugs with fentanyl might as well be using rat poison. The intention behind this bill is to effectively address the evil drug dealers who profit from our own communities’ devastation.”

On Tony Macrini’s morning radio show Thursday Miyares said that some dealers increase their street cred with ODs because it shows they’re marketing the strong stuff. That’s what the junkies want.

Horrific.

A teenage girl in Northern Virginia died, Miyares said, when she thought she was taking a Xanax but was given a pill containing fentanyl instead.

Northam didn’t want the scum responsible for killing innocents like her prosecuted for murder.

Youngkin does.

Elections have consequences. Crime is on the ballot again.

Just 11 days until the mid-terms.

Vote accordingly.

This column has been republished with permission from Kerry: Unemployed & Unedited.


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Comments

13 responses to “Drug Dealers Are Murderers”

  1. DJRippert Avatar

    While I think that the actual prosecution of murder for drug dealers will be challenging (illegal drugs don’t come with lot numbers and the person who overdosed and died won’t be available to testify as to who sold them the drugs). However, even the threat of being charged with murder might dissuade a number of criminals from lacing other drugs with fentanyl.

    Northam should not have vetoed the bill he was given to sign.

    1. Nancy Naive Avatar
      Nancy Naive

      I doubt the Sackler’s would be dissuaded.

      1. James C. Sherlock Avatar
        James C. Sherlock

        You are correct about that family. Now we can look at Endo International plc and AbbVie Inc.

        They have repeatedly declined to conduct safety tests on the puberty blocking drug Lupron for its use in treating gender dysphoria in adolescents.

        Lupron (AbbVie) sales, for both on and off label uses, were $892 million in 2018.

        AbbVie’s Lupron saw an end of market exclusivity period in 2019, at which time Endo produced a similar product.

        A two-week Lupron kit retails anywhere from $450 to $750 without any health insurance coverage. Pharmacies pay $300 to $450 for a two-week kit. So lets say the manufacturers get 400 (AbbVie) and $250 (Endo) per kit.

        Reuters reports that between 2017 to 2021, 17,683 children took Lupron for gender transition for an average of 3+ years each. That is 78 2-week kits per child at the 3-year point.

        The price to parents and their insurance companies: between $25,000 and $40,000 over a three year period depending upon the discount negotiated.

        In total, demand has been a minimum of 1.4 million kits in a 5-year period, increasing greatly every year.

        And that is just for the puberty blockers.

        Splitting the demand between AbbVie and Endo at 700,000 kits apiece, that is $280 million for AbbVie and $175 million for Endo for off-label treatment of gender dysphoria and climbing fast.

        They claim that safety tests are too expensive.

        1. James McCarthy Avatar
          James McCarthy

          Sharp deflection like this screed prompts taking an aspirin.

          1. DJRippert Avatar

            Deflection? I posted a comment about the challenges of prosecuting illegal drug dealers for murder. This comment was directly relevant to the column. In response, Nancy Naive posted a comment about the Sacklers (family who founded Purdue Pharmaceuticals) – a controversial yet legal manufacturer of drugs. That was the deflection. After that, Capt Sherlock followed with a comment about another legal manufacturer of drugs which may be following in Purdue’s footsteps selling pharmaceuticals which have not been sufficiently tested. While Sherlock’s comment was not a comment on the column, it was a legitimate follow on to the original deflection from Nancy Naive.

          2. LarrytheG Avatar

            While we’re at it, let’s charge those yahoos at Camp Lejeune with murder..eh?

          3. James McCarthy Avatar
            James McCarthy

            Nah!!! The comment opens, “Now we can look at…..” his latest favorite campaign. If Nancy’s was a deflection, Sherlock’s was a double deflection. No homicides have been attached to the Lupron drugs. Conservatives continually chastise others for veering out of lane.

            Daft deflection!!!

    2. James McCarthy Avatar
      James McCarthy

      Yeah!! Now a federal judge has opined that the erasure of serial numbers on firearms is permitted because such did not exist in 1791.

      1. LarrytheG Avatar

        heckfire, they didn’t even have a precise definition of “arms” either.

  2. James Kiser Avatar
    James Kiser

    He could start by charging Biden and Garland and that worthless POS Mayorkas for the open borders policy that allows millions of doses of Chinese made Fentanyl to cross the border with their approval.

  3. David Wojick Avatar
    David Wojick

    Certainly not easy. First it is murder without intent. Are there precedents for that? I know little about criminal law.

    Second what is “killing”? If bad product kills someone we already have negligent homocide, right. But if someone ODs I do not see the charge. If someone commits suicide using sleeping pills it does not make the drug company a murderer. Same for car wrecks. Misuse is not murder.

    I would like to see the draft law, for a confusion analysis:
    https://scholarlykitchen.sspnet.org/2013/02/05/a-taxonomy-of-confusions/

  4. I suggest the South Vietnamese National Police Solution….
    that VC did not commit another bombing….

  5. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Details, details, details! Kerry can’t be bothered with details.

    The bill that Kerry is so excited about would make it second degree murder to sell someone a drug, which the buyer used to overdose and die as a result. The penalty for second degree murder is a sentence of 5 to 40 years.

    The penalty for distribution of a Schedule I or II controlled substances, which is already law, is a sentence of 5 to 40 years. The penalty for a second conviction of distribution is a sentence of 5 years to life, with a three-year mandatory minimum.

    So, what would be the advantage of passing the murder legislation? The satisfaction of legally calling it murder? The ability to write sensationalist articles with murder in the headlines.

    The irony is that if this law were passed and someone was convicted of selling a drug that resulted in a fatal overdose, and the dealer had a previous conviction for distribution, the prosecutor could get a stiffer sentence by charging the offender with distribution, rather than second degree murder.

    As for Northam’s overdoes of the 2019 bill, there is more to this story than Kerry reports. I set out the circumstances in a comment to an earlier post. Here it is:

    Before vetoing the bill passed by the GA, Northam returned the bill
    with a recommendation that an attached substitute bill be adopted
    instead. Here is a comparison of the two bills:

    Description of the offense: Identical in both the GA bill and Northam
    substitute–homicide if a person’s death is the result of an overdose
    and the use of the drug is the proximate cause of death regardless of
    the time or place death occurred.

    Accommodation. The GA bill would have made it a Class 5 felony were distributed as an accommodation and not in order to make a profit. The Governor’s substitute did not have this provision.

    Summoning help–The Governor’s substitute would have made it a affirmative defense to prosecution if the person distributing the drug, in the event of an overdose, (1) summons help (2) remains on the scene until help arrives, and (3) identifies himself to law enforcement officer.

    In effect, the Governor’s bill would have let you off if you sold someone some marijuana laced with fentanyl and that person went into overdose and you summoned help, stayed around, and identified yourself to the cops. The House bill would have let you off with a Class 5 felony if you sold or gave the drug only as an accommodation with no intent to profit.

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