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FJP Acting Co-Executive Director Amy Fettig Testifies in Opposition to Maryland HB 1398 Before the Maryland House Judiciary Committee
February 18, 2025 (Annapolis, M.D.) — Today, Fair and Just Prosecution (FJP) Acting Co-Executive Director Amy Fettig testified before the Maryland House Judiciary Committee in opposition to HB 1398 the so-called “Distribution of Heroin or Fentanyl Causing Serious Bodily Injury or Death” Act. If enacted, this bill would impose harsh criminal penalties on families, friends, or package delivery workers by holding them liable for overdose deaths they did not intend or could not foresee. Research and experience show that laws like HB 1398 fail to deter drug use, discourage people from seeking medical help in overdose situations, and exacerbate racial disparities in the criminal legal system.
Despite claims that this legislation is intended to target high-level traffickers, its broad language ensures that low-level users, family members, and friends of overdose victims could be prosecuted as has been the case in other states where similar laws are already in place. Additionally, similar laws in New Jersey, Tennessee, North Carolina, Illinois, Louisiana, and New York led to significant increases in overdose deaths despite a dramatic uptick in drug-induced homicide prosecutions.
FJP Acting Co-Executive Director Amy Fettig issued the following statement in opposition to HB 1398:
“Drug-induced homicide laws do not prevent overdose deaths, they exacerbate them, and only lead to more devastating preventable deaths as part of our country’s failed ‘War on Drugs.’ Criminalizing people struggling with addiction and their families does not make our communities safer—it only pushes people further into the shadows, increasing harm and reducing the likelihood that people will call for help in overdose situations.
“This bill is also unnecessary, and does nothing to enhance public safety. Maryland already has robust ‘Drug Kingpin’ laws allowing for the sentencing of large-scale traffickers to decades in prison. Instead of doubling down on failed punitive policies, lawmakers should focus on expanding access to treatment, harm reduction services, and overdose prevention measures—proven strategies that actually save lives. We urge the House Judiciary Committee to reject this harmful legislation and invest in real solutions to the opioid crisis.”