(1) (a) A person who delivers or causes the delivery of fentanyl with knowledge of the fentanyl commits the crime of fentanyl delivery resulting in death when as a result of the unlawful delivery of fentanyl in exchange for anything of value to another person, death to a person results from the proximate cause of injection, oral ingestion or inhalation of the fentanyl.(b) Upon conviction for violating the provisions of this section, the person shall be sentenced to imprisonment no less than twenty (20) years to a term of life in the custody of the Mississippi Department of Corrections and shall be fined not less than Ten Thousand Dollars ($10,000.00).
(a) A person who delivers or causes the delivery of fentanyl with knowledge of the fentanyl commits the crime of fentanyl delivery resulting in death when as a result of the unlawful delivery of fentanyl in exchange for anything of value to another person, death to a person results from the proximate cause of injection, oral ingestion or inhalation of the fentanyl.
(b) Upon conviction for violating the provisions of this section, the person shall be sentenced to imprisonment no less than twenty (20) years to a term of life in the custody of the Mississippi Department of Corrections and shall be fined not less than Ten Thousand Dollars ($10,000.00).
(2) Any person, who, in good faith, without malice and in the absence of evidence of an intent to defraud, seeks medical assistance for someone experiencing a fentanyl overdose shall not be charged or prosecuted for a violation of this section, if the evidence for the charge was gained as a result of the seeking of medical assistance.
(3) For purposes of this section, “Fentanyl” means fentanyl and any fentanyl-related substances, to include fentanyl analogs, as set forth in Article 3, Chapter 29 of Title 41 of the Mississippi Code of 1972.
(4) The intent of this section is to encourage the prosecution of any person who sells or otherwise profits from the sale of unlawful fentanyl, which causes the death of another person. It is not the intent of this section to enable the prosecution of a drug user or drug addict who has shared fentanyl with a friend or associate and the friend or associate dies as a result of the injection, oral ingestion or inhalation of the shared fentanyl.
(5) The penalty provided in this section shall be in addition to any other criminal penalty provided by law.