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In Alabama, individuals who unlawfully distribute controlled substances that result in another person's death can be prosecuted under the state's manslaughter statute. Specifically, Alabama Code § 13A-6-3(a)(3) addresses situations where a person:
"Knowingly sells, furnishes, gives away, delivers, or distributes a controlled substance in violation of Section 13A-12-211, which contains fentanyl, any mixture containing fentanyl, any synthetic controlled substance fentanyl, or any synthetic controlled substance fentanyl analogue... and the person to whom the controlled substance is sold... dies as a proximate result of the use of the controlled substance."
This provision was added to the manslaughter statute to specifically address deaths resulting from the distribution of fentanyl and its analogues. Under this law, if an individual distributes such substances and the recipient dies as a result, the distributor can be charged with manslaughter, a Class B felony in Alabama.It's important to note that this statute does not apply to licensed medical professionals, such as physicians, pharmacists, or dentists, who are lawfully engaged in their professional practices.Additionally, the statute specifies that lack of knowledge about the presence of fentanyl or its analogues in the distributed substance is not a defense. This means that individuals can be held criminally liable even if they were unaware that the substance they distributed contained fentanyl.This legislative change reflects Alabama's response to the increasing number of overdose deaths associated with fentanyl and similar substances. By holding distributors criminally accountable, the state aims to deter the distribution of these dangerous drugs and address the public health crisis stemming from opioid overdoses.For more detailed information, you can refer to the full text of Alabama Code § 13A-6-3.
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