Section 1. Chapter 265 is hereby amended by adding after Section 15C the following section: -
Any person who manufactures, sells, distributes, or dispenses methamphetamine, lysergic acid, diethylamide phencyclidine (PCP) or any other controlled drug in Class A or Class B as set forth at section 31 of chapter 94C, or any controlled drug analog thereof, in violation of chapter 94C, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and may be sentenced to imprisonment for life or for any term of years as the court may order. For purposes of this section, the person’s act of manufacturing, distributing, dispensing, or selling a substance is the cause of a death when:
(a) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and
(b) The death was proximately caused by a person who manufactured, sold, distributed, or dispensed such substance.
It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance or by his consenting to the administration of the substance by another. Nothing in this section shall be construed to preclude or limit any prosecution for homicide.
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