Overdose Is Not Murder: Defending Fentanyl Death Cases in the Age of Panic

Prosecutors have responded to fentanyl-related overdose cases by charging murder where there is tragedy, treating shared use as intentional delivery, and stacking sentencing enhancements. Jurors have likely already heard that “two grains of fentanyl can kill” and that police officers are collapsing from mere exposure to it. These stories are not grounded in pharmacology or fact. The defense team must dismantle the misconceptions.