Fentanyl Overdose Deaths and Drug-Induced Homicide Charges in Georgia

The fentanyl crisis has fundamentally reshaped Georgia’s criminal justice landscape. Prosecutors now pursue drug‑induced homicide charges when overdose deaths result from fentanyl‑tainted substances. These cases demand both sensitivity and legal precision.

As a Gwinnett County criminal defense attorney and someone personally affected—losing my brother, Alexander—to fentanyl in 2020, I’ve witnessed how the law has evolved. This article explores Georgia’s new fentanyl homicide statute (O.C.G.A. § 16‑5‑3.1), a key Supreme Court ruling in Lewis v. State (2025), and a poignant earlier moment when I shared my family’s story with WSB‑TV.

A Personal Moment on Local News (2020)

In September 2020, while still a law student grieving my brother Alex’s loss, I spoke with WSB‑TV about the dangers of fentanyl-laced drugs and the promise of felony murder prosecutions. As I recalled:

“For $150, my brother is now dead. If you’re going to sell somebody poison, knowingly, you need to be prosecuted for it.”

At the time, Gwinnett County DA’s office began treating overdose deaths as potential homicides—a shift highlighting the need for legal clarity in fentanyl overdose cases.

Georgia’s New Drug-Induced Homicide Law (O.C.G.A. § 16-5-3.1)

In April 2024, Georgia lawmakers passed O.C.G.A. § 16-5-3.1, creating the charge of Aggravated Involuntary Manslaughter by Causing a Fentanyl Overdose Death. The statute reads:

“A person commits the offense … when he or she causes the fentanyl overdose death of another human being, without the intent to cause the death … by intentionally manufacturing or selling any substance that contains fentanyl, after representing that such substance was any controlled substance.”

This statute gives prosecutors a targeted tool for fentanyl overdose cases and grants defense attorneys clearer parameters for mounting meaningful defenses.

Case Law Spotlight: Lewis v. State (2025)

On June 26, 2025, the Georgia Supreme Court delivered a pivotal ruling in Lewis v. State, S25A0023.

Case summary:

• Lewis was indicted in Gwinnett County for felony murder after allegedly selling fentanyl-laced heroin in DeKalb County. The victims later died in Gwinnett County.

• The Court clarified that under O.C.G.A. § 17-2-2(c)—Georgia’s homicide venue statute—venue depends on where the defendant’s conduct inflicting the cause of death occurred, not solely where the death happened.

Because Lewis’s alleged conduct occurred in DeKalb County, the Court vacated the venue determination in Gwinnett, requiring prosecutors to prove proper venue—a major procedural win for defendants.

What This Means for Defendants

If you’re facing charges related to fentanyl distribution, drug-induced homicide, or felony murder in Georgia, the legal terrain is complex:

• Statutory alignment: Does the State rely on felony murder, or the more precise O.C.G.A. § 16-5-3.1?

• Venue challenges: As seen in Lewis, venue must align with where the fatal conduct occurred.

• Defense strategy nuances: Causation, intent, overdose discrepancies, and evidence handling can dramatically shift the outcome.

• Need for advocacy: Prosecutorial trends and statutory shifts highlight the importance of experienced representation.

Final Thoughts

The fentanyl epidemic affects both families and defendants. While the law continues to evolve—through statutes like O.C.G.A. § 16-5-3.1 and cases like Lewis—the stakes remain extraordinarily high.

At Elbaz & Elbaz, we bring legal expertise grounded in personal experience. If you or a loved one faces fentanyl-related charges in Gwinnett County or Metro Atlanta, your defense starts with understanding the law—and we’re here to help.

Key Takeaways

• Georgia now has a specific fentanyl overdose statute: O.C.G.A. § 16-5-3.1.

• Venue matters: Lewis v. State (2025) requires venue to match where the fatal conduct occurred.

• Defense matters: Cases like this hinge on nuance—defenders who understand both legal detail and personal impact make the difference.

• My story matters: As someone who lost a loved one and battled for justice, I bring both empathy and acumen to the defense.