Criminal Law - Distribution of Heroin or Fentanyl Causing Death or Serious Bodily Injury (Victoria, Scottie, Ashleigh, and Yader's Law)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1386*

HOUSE BILL 1386
E1 6lr2815
CF SB 906
By: Delegates Tomlinson, Bouchat, Buckel, Guyton, Hornberger, Kaufman, Lopez,
Miller, Phillips, Pippy, Rose, Schindler, Spiegel, and Woorman
Introduced and read first time: February 13, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Distribution of Heroin or Fentanyl Causing Death or Serious 2
Bodily Injury 3
(Victoria, Scottie, Ashleigh, and Yader’s Law) 4

FOR the purpose of prohibiting an individual from distributing heroin or fentanyl or a 5
chemical analogue of heroin or fentanyl, the use of which results in the death of or 6
serious bodily injury to another; and generally relating to the distribution of 7
controlled dangerous substances. 8

BY adding to 9
Article – Criminal Law 10
Section 5–602.1 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13

BY adding to 14
Article – Criminal Procedure 15
Section 4–201(j) 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20

Article – Criminal Law 21

5–602.1. 22

(A) IN THIS SECTION, “DISTRIBUTE” DOES NOT INCLUDE THE SHARING OF 23
2 HOUSE BILL 1386

HEROIN OR FENTANYL O R A CHEMICAL ANALOGU E OF HEROIN OR FENTA NYL 1
WITHOUT REMUNERATION. 2

(B) (1) THIS SECTION APPLIES ONLY TO A PERSON WHO HAS PREVIOUSLY 3
BEEN CONVICTED OF A VIOLATION OF § 5–602 OR § 5–603 OF THIS SUBTITLE. 4

(2) THIS SECTION APPLIES REGARDLESS OF WHETHER: 5

(I) THE DEATH OR SERIOUS BODILY INJURY TO ANO THER 6
OCCURRED AS A RESULT OF USING HEROIN OR F ENTANYL OR A CHEMICA L 7
ANALOGUE OF HEROIN O R FENTANYL BY ITSELF OR COMBINED WITH ANY 8
COMPOUND, MIXTURE, DILUENT, OR OTHER SUBSTANCE; 9

(II) THE HEROIN OR FENTAN YL OR THE CHEMICAL A NALOGUE 10
OF HEROIN OR FENTANYL IS MIXED OR COMBINED WITH ANY COMPOUND, MIXTURE, 11
DILUENT, OR OTHER SUBSTANCE AFTER THE VIOLATION OF SUBSECTION (C) OF THIS 12
SECTION OCCURS; OR 13

(III) THE DISTRIBUTION OF HEROIN OR F ENTANYL OR THE 14
CHEMICAL ANALOGUE OF HEROIN OR FENTANYL IS MADE DIRECTLY TO THE PERSON 15
WHO DIES OR SUFFERS SERIOUS BODILY INJURY. 16

(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY NOT 17
DISTRIBUTE HEROIN OR FENTANYL OR A CHEMIC AL ANALOGUE OF HEROIN OR 18
FENTANYL WITHOUT THE LAWFUL AUTHORITY TO DO SO , THE USE OF WHICH 19
RESULTS IN THE DEATH OF OR SERIOUS BODILY INJURY TO ANOTHER. 20

(D) IF POSSESSION OF HERO IN OR FENTANYL OR A CHEMICAL ANALOGUE 21
OF HEROIN OR FENTANY L IS TRANSFERRED MOR E THAN ONCE BEFORE THE 22
OCCURRENCE OF THE DE ATH OR SERIOUS BODIL Y INJURY , EACH PERSON WHO 23
DISTRIBUTED OR DELIV ERED THE HEROIN , FENTANYL, OR THE CHEMICAL 24
ANALOGUE OF HEROIN O R FENTANYL SHALL BE CONSIDERED TO HAVE V IOLATED 25
THIS SECTION. 26

(E) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A F ELONY AND, 27
IN ADDITION TO ANY O THER PENALTY IMPOSED FOR A VIOLATION OF § 5–602 OR § 28
5–603 OF THIS SUBTITLE , ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT 29
EXCEEDING 20 YEARS. 30

(F) A SENTENCE IMPOSED UND ER THIS SECTION SHAL L BE CONSECUTIV E 31
TO AND NOT CONCURRENT WITH ANOTHER SENTENCE IMPOSED UNDER ANY OTHER 32
PROVISION OF LAW. 33

HOUSE BILL 1386 3

Article – Criminal Procedure 1

4–201. 2

(J) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A PROSECUTION 3
OF A PERSON FOR A VIOLATION OF § 5–602.1 OF THE CRIMINAL LAW ARTICLE MAY 4
BE BROUGHT IN: 5

(1) THE COUNTY IN WHICH THE VIOLATION OCCURRED; OR 6

(2) THE COUNTY IN WHICH THE DEATH OR SERIOUS BODILY INJURY 7
OCCURRED. 8

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10