High Court Rejects Challenge to How Pa. Treats Users Accused of Supplying Drugs in Fatal Overdoses
The Pennsylvania Supreme Court declined to add new legal protections for defendants accused of providing drugs that caused a deadly overdose. The decision from the state’s highest court addressed a frequent criticism of overdose death prosecutions in Pennsylvania: that they target fellow drug users instead of high-level dealers. In a majority opinion issued Tuesday, justices upheld convictions in two separate drug delivery resulting in death cases, saying state law has a broad definition of “delivery” and “does not differentiate between drug dealers and co-users for purposes of delivery of illegal narcotics.” Despite ruling against the defendants, Justice Daniel McCaffery said the court “cannot ignore the fact that” the “proposed defense makes sense — some believe drug dealers should be punished more harshly than drug users.” “Nevertheless, this type of policy determination is for the General Assembly, not the courts,” McCaffery added. Justices Christine Donohue, Kevin Dougherty, Sallie Updyke Mundy, and P. Kevin Brobson joined that majority opinion. In a concurring opinion, Justice David Wecht also distinguished between the roles of justices and state lawmakers. “The …








