HAYS, Kansas, Mar. 16, 2007 -- Prosecutors says 46 year old David Knapp provided the drugs that led to an overdose. Now he is charged with First Degree Murder.

Forty-six year old Frank Brown was found dead in a Hays motel last Halloween. Police say he overdosed on the potent pain medication Fentanyl. Knapp is charged with first degree murder for providing the drug to him.

"The allegations are that he furnished the Fentanyl to the decedent and the decedent then used the Fentanyl and died, overdosed," says Ellis County Attorney Thomas Drees.

An amended Kansas statute allows prosecutors to seek first-degree murder charges in cases involving a felony drug offense.

"If an individual commits a felony drug sale crime and the recipient of the drugs overdoses then our present Kansas law will support a prosecution for felony murder," says KSN Legal Expert Dan Monnat.

Prior to the amendment, the most someone like Knapp could be charged with would be 9 3/4 years for reckless second-degree murder. Now, Knapp faces 25 years to life.

"The difference is now that it will get more attention because of the increased penalties that defendants are looking at."

Monnat, a defense attorney, however argues expanding a murder statute creates the potential for serious problems. "Whenever you greatly expand the statutory definition of a crime beyond the common understanding of the crime, you create a greater opportunity for unforseen application and therefore unjust punishment," he argues.

The DEA says Fentanyl is a pain killer about 80 times more potent than Morphine, and has become a serious problem in the United States.

Knapp, meanwhile, made his first appearance in court today. His bond was set at $500,000.