Collin County, Texas made headlines in July 2025, when a 27-year-old man was sentenced to 38 years in prison after a fentanyl murder conviction. CBS News reported that Gregory Noah Honesty was accused of selling fentanyl to a woman who died of an overdose less than 24 hours after the sale.
This criminal charge, and subsequent conviction, were possible because of the passage of House Bill 6 in 2023, which amended Texas law to include fentanyl overdoses as a murder charge.
Read on to learn more about the new fentanyl murder law in Texas and what the penalties for such a conviction are.
Texas Fentanyl Murder Statute
When people refer to the new Texas fentanyl murder statute, they are likely referring to changes made to Section 19.02 of the Texas Penal Code in 2023.
Section 19.02 addresses murder, and states, in part, that an offense is committed when an individual:
[a] “knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code,” and
[b] “an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.”
Section 481.1022, Penalty Group 1-B lists several opiates, including fentanyl.
What is Fentanyl?
There are two types of fentanyl: pharmaceutical fentanyl and illegally made fentanyl. Both types are synthetic opioids.
Pharmaceutical fentanyl is prescribed for treating severe pain, and is, according to the CDC, “50 to 100 times more potent than morphine.” In the U.S., brand names of pharmaceutical fentanyl include Abstral, Actiq, Fentora, Onsolis, Subsys, Sublimaze, Lazanda, Duragesic, and Ionsys.
Pharmaceutical fentanyl can be diverted from pharmacies, hospitals, patients, and other sources, and then distributed illegally.
Illegally made fentanyl is commonly distributed in powder or pill form, either by itself or mixed with other substances. There are several street names for illegally made fentanyl, including China Girl, China Town, Dance Fever, Friend, Goodfellas, Great Bear, He-Man, Jackpot, King Ivory, Murder 8, and Tango & Cash.
Defenses Against Fentanyl Murder Charges
In any criminal case, the burden is on the prosecution to prove that an offense was committed.
A portion of Texas Penal Code Section 19.02 — which is sometimes referred to as the new fentanyl murder law — states that a crime occurs when:
The alleged actor “knowingly manufactures or delivers a controlled substance”; and
“[A]n individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor.”
The keyword in this statute is “knowingly.” Depending on the specific details of a case, there may be a lack of evidence showing that the alleged actor knew the substance was fentanyl or the substance contained fentanyl.
In addition, some people who use illegal substances obtain these drugs from multiple sources. Again, the prosecution must prove that the alleged actor — and not another party — provided the fentanyl that caused the fatal overdose.
Fentanyl murder charges in Texas: FAQs
Below are some of the most frequently asked questions about the new fentanyl murder law in Texas. This information is a general overview and does not replace consulting an attorney about your specific case.
Can a fentanyl overdose be prosecuted as a homicide in Texas?
Yes. Effective September 1, 2023, murder charges can stem from a fatal fentanyl overdose.
The passage of Texas House Bill 6 made it possible for an individual to be charged with murder if they knowingly manufactured or delivered fentanyl, or a substance containing fentanyl, to another individual who then had a fatal overdose.
What is the penalty for fentanyl murder in Texas?
A murder conviction for a fatal fentanyl overdose is a first degree felony, according to Texas Penal Code Section 19.02.
The penalty for a first degree felony, such as fentanyl murder charges, is 5 to 99 years in prison. Depending on one’s age, that could effectively be a life sentence. A conviction can also bring a monetary fine of up to $10,000.
What is the new fentanyl murder law in Texas?
In 2023, House Bill 6 was signed into law. This bill addresses several laws regarding fentanyl.
One law that HB 6 amended was Texas Penal Code Section 19.02. Anyone who knowingly manufactures or distributes fentanyl that then results in a fatal overdose may be charged with murder, a first degree felony.
The passage of Texas H.B. 6 changed the law effective September 1, 2023.
Fentanyl Murder Defense Attorney
Are you facing murder charges after a fentanyl overdose? Many Plano criminal defense law firms will be eager to take your case, but few can offer the experience and dedication of Attorney Kent Starr.
Attorney Starr has a long track record of defending clients against some of the most serious charges one can face in Texas. Take a moment to watch his client testimonials and read client reviews. What you’ll see are clients commenting on positive case outcomes such as dismissals, not guilty verdicts, reduced charges, and reduced penalties such as no jail time. In some cases, these types of outcomes are only possible after representing a client for a year, two years, or more.
Furthermore, Mr. Starr is not a “plea bargain lawyer” who encourages his clients to accept the first offer the prosecution sends their way. Mr. Starr is a skilled trial attorney. If he believes that putting your case before a judge or jury could result in the best possible outcome, he won’t hesitate to represent you in court.
Attorney Starr wants the same resolution you do — a case outcome that has the least impact on you, your reputation, your future, and your loved ones.
Attorney Starr has the added advantage of being a bail bond attorney, a service some law firms do not have the financial resources to offer. He can negotiate the terms of your release, post bond, and start legal representation, all with one phone call.
Call Starr Law, P.C. today for your free consultation, 214-982-1408
References
Texas Penal Code, Chapter 12. Punishments
