SB 906

SENATE BILL 906
     E1  6lr3366
  CF 6lr2815
     By: Senators James and Ready
     Introduced and read first time: February 6, 2026
     Assigned to: Judicial Proceedings
  A BILL ENTITLED
1 AN ACT concerning
2  Criminal Law – Distribution of Heroin or Fentanyl Causing Death or Serious
3Bodily Injury
4(Victoria, Scottie, Ashleigh, and Yader’s Law)
5 FOR the purpose of prohibiting an individual from distributing heroin or fentanyl or a
6      chemical analogue of heroin or fentanyl, the use of which results in the death of or
7      serious bodily injury to another; and generally relating to the distribution of
8      controlled dangerous substances.
9 BY adding to
10      Article – Criminal Law
11      Section 5–602.1
12      Annotated Code of Maryland
13      (2021 Replacement Volume and 2025 Supplement)
14 BY adding to
15      Article – Criminal Procedure
16      Section 4–201(j)
17      Annotated Code of Maryland
18      (2025 Replacement Volume)
19SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
20 That the Laws of Maryland read as follows:
21Article – Criminal Law
22 5–602.1.
23     (A) IN THIS SECTION, “DISTRIBUTE” DOES NOT INCLUDE THE SHARING OF
24 HEROIN OR FENTANYL OR A CHEMICAL ANALOGUE OF HEROIN OR FENTANYL
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *sb0906*
2SENATE BILL 906
1 WITHOUT REMUNERATION.
2      (B)   (1) THIS SECTION APPLIES ONLY TO A DEFENDANT WHO IS
3 CONVICTED OF A VIOLATION OF § 5–602 OR § 5–603 OF THIS SUBTITLE FOR AN ACT
4 THAT RESULTED IN THE DEATH OR SERIOUS BODILY INJURY TO THE VICTIM.
5(2)   THIS SECTION APPLIES REGARDLESS OF WHETHER:
6(I)THE DEATH OR SERIOUS BODILY INJURY TO ANOTHER
7 OCCURRED AS A RESULT OF USING HEROIN OR FENTANYL OR A CHEMICAL
8 ANALOGUE OF HEROIN OR FENTANYL BY ITSELF OR COMBINED WITH ANY
9 COMPOUND, MIXTURE, DILUENT, OR OTHER SUBSTANCE;
10(II)THE HEROIN OR FENTANYL OR THE CHEMICAL ANALOGUE
11 OF HEROIN OR FENTANYL IS MIXED OR COMBINED WITH ANY COMPOUND, MIXTURE,
12 DILUENT, OR OTHER SUBSTANCE AFTER THE VIOLATION OF SUBSECTION (C) OF THIS
13 SECTION OCCURS; OR
14(III) THE DISTRIBUTION OF HEROIN OR FENTANYL OR THE
15 CHEMICAL ANALOGUE OF HEROIN OR FENTANYL IS MADE DIRECTLY TO THE PERSON
16 WHO DIES OR SUFFERS SERIOUS BODILY INJURY.
17      (C)   EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON MAY NOT
18 DISTRIBUTE HEROIN OR FENTANYL OR A CHEMICAL ANALOGUE OF HEROIN OR
19 FENTANYL WITHOUT THE LAWFUL AUTHORITY TO DO SO, THE USE OF WHICH
20 RESULTS IN THE DEATH OF OR SERIOUS BODILY INJURY TO ANOTHER.
21(D) IF POSSESSION OF HEROIN OR FENTANYL OR A CHEMICAL ANALOGUE
22 OF HEROIN OR FENTANYL IS TRANSFERRED MORE THAN ONCE BEFORE THE
23 OCCURRENCE OF THE DEATH OR SERIOUS BODILY INJURY, EACH PERSON WHO
24 DISTRIBUTED OR DELIVERED THE HEROIN, FENTANYL, OR THE CHEMICAL
25 ANALOGUE OF HEROIN OR FENTANYL SHALL BE CONSIDERED TO HAVE VIOLATED
26 THIS SECTION.
27      (E)  A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND,
28 IN ADDITION TO ANY OTHER PENALTY IMPOSED FOR A VIOLATION OF § 5–602 OR §
29 5–603 OF THIS SUBTITLE, ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
30 EXCEEDING 20 YEARS.
31      (F)   A SENTENCE IMPOSED UNDER THIS SECTION SHALL BE CONSECUTIVE
32 TO AND NOT CONCURRENT WITH ANOTHER SENTENCE IMPOSED UNDER ANY OTHER
33 PROVISION OF LAW.
  SENATE BILL 906  3
1Article – Criminal Procedure
2 4–201.
3      (J)  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PROSECUTION
4 OF A PERSON FOR A VIOLATION OF § 5–602.1 OF THE CRIMINAL LAW ARTICLE MAY
5 BE BROUGHT IN:
6(1)   THE COUNTY IN WHICH THE VIOLATION OCCURRED; OR
7(2)   THE COUNTY IN WHICH THE DEATH OR SERIOUS BODILY INJURY
8 OCCURRED.
9SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
10 October 1, 2026.