Chapter 94C  of the General Laws is hereby amended by inserting after section 32N the following new section:-

SECTION 32O,  Controlled Substances Causing Death or Great Bodily Harm

(a)Any person who knowingly or intentionally manufactures, distributes, dispenses, delivers, gives away, barters, administers or provides any amount of a controlled substance or counterfeit substance which results in death shall be punished as murder in the second degree as defined by section 1 of chapter 26..

(b)Any person who knowingly causes, induces, abets or provides a person with a controlled substance or counterfeit substance which after being injected, inhaled, ingested or otherwise introduced into the body causes unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty shall have caused great bodily harm and shall be punished by imprisonment in the state prison for not less than ten years.

(c)Lack of knowledge of any previous health conditions shall not be a defense to any person who violates the provisions of this section.