The fentanyl crisis has become one of the deadliest public health & safety emergencies in the United States.
Thousands of people, many of them young, are dying each year after unknowingly consuming fentanyl-laced substances. Yet, in many cases, the drug dealers responsible for selling these lethal substances face no real consequences if any beyond basic drug charges—even when their actions result in death.
The History of Alexandra’s Law
Alexandra’s Law was born out of tragedy and a determined effort to prevent others from experiencing the same devastating loss. In December 2019, 20-year-old Alexandra Capelouto lost her life after unknowingly consuming a counterfeit pill that contained fentanyl. Her family, shocked by the lack of accountability for those who distribute these deadly substances, set out to make a change.
Why Alexandra’s Law Is Needed
In California and many other states, there are no specific laws that directly hold drug dealers accountable for homicide when they knowingly distribute fentanyl or other lethal substances. However, under the legal theory of implied malice, prosecutors can pursue homicide charges against dealers if they can prove the seller knew the dangers of their actions and continued to sell anyway.
How Alexandra’s Law Works
Alexandra’s Law is codified in California Health and Safety Code Section 11369. This statute mandates that courts provide a specific advisory to individuals convicted of certain drug offenses involving “hard drugs” to ensure that offenders are explicitly informed of the lethal risks associated with their actions and the potential legal consequences if their conduct leads to a fatality.
Bring Alexandra’s Law to Your State
Alexandra’s Law creates a clear legal path for prosecuting these cases under an implied malice theory, ensuring those who knowingly distribute lethal substances can face homicide charges when their actions kill. If your state does not currently have a law like Alexandra’s Law, you can help change that. Whether you are a family member of a victim, a concerned citizen, or a state representative, your advocacy can make a difference.