Should drug dealers be charged with murder?

This week, New Hampshire Attorney General Joseph Foster announced that his office would begin charging drug dealers with second-degree murder if the drugs they sold resulted in an overdose death.

He said that the change is a response to the state's increasing heroin and opioid problem. He hopes the potential for murder charges will deter dealers from selling dangerous drugs.

Proponents of similar moves in other states have argued stiffer charges will save lives. They compare the policy to that of charging drunk drivers with homicide when they are responsible for a fatal accident.

Deaths by overdose have been increasingly steadily in New Hampshire with 326 deaths in 2014. The state's chief medical examiner has predicted deaths will rise to over 400 this year.

However, the move may prove controversial, as New Hampshire drug laws do not specifically include murder as a potential charge for dealing, while getting such rulings to stick in court has proved difficult even in states where the law explicitly allows for murder charges.

Opponents of the move also argue a murder charge is inappropriate, as drug dealers are not intentionally committing homicide. They point out that users are ultimately responsible for ingesting the drugs and note that existing New Hampshire law already allows for a maximum of life imprisonment for drug-related offenses.

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