Pa. Supreme Court rejects adding legal protections for accused drug suppliers

Defendants allegedly caused fatal overdoses

HARRISBURG -- 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 General Assembly does not violate the Constitution when it violates common sense," Wecht said. "It is undoubtedly true that the DDRD statute was meant to target drug dealers, not drug users," he continued, referring to drug delivery resulting in death.

But Wecht said "the spirit of the law is in considerable tension with its text" and "it is the latter that binds us." Chief Justice Debra Todd joined his concurring opinion.

Spotlight PA reported on the two cases earlier this year that highlighted the emotionally charged issue in Pennsylvania, where supplying drugs in fatal overdoses has led to hundreds of state prison sentences.

Pennsylvania is known as a national leader for bringing this type of criminal charge, but prosecution rates vary widely between counties and grieving families are divided over whether these prosecutions do more harm than good, Spotlight PA has found. Supporters say these cases bring needed accountability, while critics say the fear of spending decades in prison discourages people from calling for help if someone overdoses.

Cases with a drug delivery resulting in death charge, which carries a maximum prison sentence of 40 years, were filed more than 680 times from 2021 through 2025.

The two cases before the state Supreme Court focused on the question of what happens when people "jointly and constructively acquire and use drugs." Justices considered whether that should be a defense for drug delivery resulting in death charges and similar offenses -- and if so, whether that's sufficient for an acquittal or entitles the defense to a jury instruction that addresses the issue of joint possession.

Both cases, which were consolidated together for Pennsylvania Supreme Court arguments, involved prosecutions that occurred in York County.

York County District Attorney Tim Barker previously told Spotlight PA the evidence in the cases went "well beyond any characterization of a minimal 'sharing' of drugs." Barker described how the office seeks "rehabilitation and diversion where appropriate," but "will always seek accountability for criminal conduct that harms victims, especially when the actions cause the death of another."

Anthony Tambourino, an attorney for the defendants, had advocated for recognizing the "common sense reality" of how people use drugs and said the drug delivery resulting in death law was "not meant to criminalize every drug handoff among co-users."

Tambourino works for the York County Office of Conflict Counsel, which serves clients who can't be represented by the local public defender's office due to a conflict of interest. He has emphasized "that my views on the matter are my own and not reflective of" the county government.

C. Melissa Owen, an attorney and president of the National Association of Criminal Defense Lawyers, was disappointed with the court's decision.

"It is unthinkable that joint drug use can be made a homicide," she told Spotlight PA. "We anticipate this ruling will further discourage individuals from seeking help during an overdose, causing the very harm the law purports to prevent."

Past efforts to limit the use of drug delivery resulting charges have not gone far in the state legislature. Some bills currently pending in the General Assembly would give prosecutors more time to file these charges.