Victims’ families, Maryland legislators fight to increase punishment for drug dealers

ROCKVILLE, Md. - A bill cross-introduced in the Maryland House and Senate seeks to increase the punishment for drug dealers if they deal heroin or fentanyl and the person using it dies or experiences severe bodily harm. 

HB 1245 and SB 1075 are nicknamed "Victoria and Scottie’s Law" in honor of two other Maryland residents who previously died of overdoses.

Montgomery States Attorney John McCarthy tells FOX 5, he’s actually been fighting to increase the punishment for drug dealers for nearly a decade, helping to write the original bill about eight years ago, when heroin became a serious issue in the county.

"Even though we can identify the seller that gave the drugs to the individual that passed away, we really have not had a vehicle that allows us to readily hold those people accountable –that look, they are purveyors of death. They are selling death and we’ve seen it in our nation, we’ve seen in our county, and we’ve seen it in our state and the numbers just keep growing," said McCarthy. 

McCarthy and other county leaders argue the bill is needed because there are limitations to how localities can hold drug dealers accountable. FOX 5 was told prosecutors are often limited to their jurisdictions if they go for an involuntary manslaughter charge, it’s harder to accomplish. McCarthy also told FOX 5 if they seek federal charges, the U.S. Attorney’s office, which takes on the cases it can, is also already busy with their own cases. 

It was explained that what families across Maryland often end up seeing is a drug dealer get out on a lesser penalty for charges like possession and/or distribution after selling a substance that killed their loved one. 

"There was a mother who came to testify in Annapolis," said Councilmember Fani-González, "She came from Anne Arundel County, and she shared the person who sold the drug to her kid was freed within 18 months. Imagine, your child dies, this person is selling this drug – and this person knows that it has fentanyl, and this person is freed within 18-months. That is insane. So, I am not doing this as a councilmember, I’m pushing for this as a mom." 

Last week, police, lawmakers and impacted families from all across the state testified in favor of "Victoria and Scottie’s Law," including a Montgomery County mother, who lost her 16-year-old son Yader Rosa Flores to a drug overdose last November. 

"When you lose a child, one of your kids, you die because your heart – everything has gone with him to heaven and life change," said Isis Yamileth Flores, " and, it’s not fair because as a mother, you work so hard to grow up your kids and someone appear with this kind of business…"

Fani-Gonzales told state lawmakers in 2023, Montgomery County alone saw 99 cases of death from fentanyl consumption – all 99 involving people under 21-years-old. The councilmember says the number of fentanyl-related deaths for those under 21-years-old nearly doubled last year from 2022. 

McCarthy says previous opposition to the original bill had to do with critics concerned someone who simply shares a substance they did not know was laced with fentanyl and raised concerns it would stop someone from calling 9-1-1 for someone overdosing out of fear they too could be prosecuted. 

Both were addressed in the new measure, according to McCarthy, who explained there is a Good Samaritan provision in the latest measure introduced. The bill also separates a for-profit drug dealer from someone just sharing a potentially deadly substance unknowingly. 

The county’s top prosecutor emphasized: they want the dealers. 

Leaders with a few substance abuse and addiction service providers still testified against the bill last week, arguing more to address the root causes of drug use and less prosecution are better to address the issue. 

Concerns were also raised as to whether drug dealers really know what they are selling actually contains fentanyl. McCarthy and other county and state officials argued – they do.