Fentanyl is one of the most dangerous drugs around today. The Controlled Substances Act lists it as a Schedule II substance because of its high potency for abuse and addiction. Fentanyl is a prescription drug recommended to patients suffering severe pain, especially those fighting cancer or those recovering from open surgery. However, its prolonged use or abuse can result in grave issues, including addictions and other mental and social-related problems.
The use, distribution, sale, and purchase of fentanyl are highly regulated in California. Stringent repercussions exist for those found in illegal possession of the substance. You will also face grave charges for selling, distributing, or trafficking the drug against the law.
A lot of information about fentanyl remains unknown to most people. If interested, a skilled criminal defense attorney can assist you with the information you need to understand fentanyl-related laws. They can also help you navigate the complex legal process involved if facing charges for possession, sale, distribution, or trafficking of fentanyl.
Here is some of the information you need to know about fentanyl:
The Type of Drug Fentanyl Is
Fentanyl is a strong synthetic painkiller. It works almost the same as morphine but is more than a hundred times more powerful. This makes it a popular drug, primarily for people in excruciating pain. However, the drug’s strength is what makes it very dangerous since even small doses of it can cause death.
Fentanyl is a legal drug prescribed by licensed professionals like dentists, physicians, veterinarians, and podiatrists. Its regulation is necessary to ensure that those who consume fentanyl use it safely to avoid the drug’s severe side effects.
Under the Controlled Substances Act, fentanyl falls under Schedule II drugs, which are the second most dangerous drugs in the country. You can use it safely to manage pain, especially if you are a cancer patient or are recovering from a severe surgery. Medical professionals who prescribe fentanyl prescribe it as an injection, lozenge, nasal spray, sublingual file, or patch, depending on the underlying medical issue that requires the drug as part of treatment.
You can use fentanyl safely and effectively to manage pain by following the instructions given by your healthcare provider. However, this is a highly addictive drug. Its usage puts you at risk of addiction, abuse, or overdose. You must follow the prescription strictly and use it under your doctor’s prescription to avoid these issues.
Sadly, there are illegally produced drugs on the market today that people are selling as pills, powders, or blotted papers. Some drug manufacturers mix fentanyl with methamphetamine, cocaine, or heroin, making it highly lethal. You risk overdosing or losing your life after consuming this illegal product, even in small quantities. Cases of deaths and overdoses regarding the use or abuse of fentanyl are on the rise. This necessitates information to ensure people are aware of how dangerous the drug is.
The Dangers of the Fake Fentanyl on the Market
Fentanyl is one of the drugs you should carefully use in California because of the fake fentanyl on the market. You risk purchasing or using a fake drug if you buy from an unauthorized seller or dealer. Additionally, you risk becoming addicted to a dangerous drug if you use fentanyl without a valid prescription.
The Drug Enforcement Administration is aware of the entry of illegally manufactured and fake fentanyl pills into the market. Some illegal drug manufacturers distribute fentanyl pills laced with deadly synthetic opioids. This information should caution you to be careful when handling fake prescription pills, as you could unknowingly buy or even consume lethal drugs.
Fake fentanyl is also more affordable than other regulated drugs like cocaine and heroin. This makes it popular among the homeless, especially those who already battle various drug abuse disorders. Fake fentanyl is also readily available than some expensive drugs. Most fentanyl addicts who die in California lose their lives to overdosing or other complications resulting from the use of fake fentanyl.
While some of these illegal substances are manufactured within the state, most of them are imported by dangerous drug cartels. Imported rugs are relatively cheaper than locally manufactured ones, making them more popular with the homeless and drug addicts.
Fentanyl Possession and Trafficking in California
Drug trafficking is a global problem involving the manufacture, cultivation, sale, and distribution of illicit drugs, including fentanyl. It is a severely punished offense, with exact penalties depending on the type of drug and the case details. Since fentanyl is among the most dangerous regulated drugs in California, trafficking it can result in life-changing consequences, including imprisonment for years and a hefty court fine. Trafficking fentanyl is a straight felony whose conviction will leave you with a damaging criminal record that will affect you for life.
Fentanyl laws in California apply to those who are found in illegal possession of the drug or found guilty of selling, importing, administering, furnishing, transporting, or giving away the drug without proper authorization. A conviction for trafficking fentanyl is punishable by imprisonment for three to five years. You can also face a similar penalty for attempting to traffic the drug. Transporting fentanyl between counties is also a severe felony punishable by imprisonment for three to nine years.
Some of the most common fentanyl laws in California include the following:
Illegal Possession of Fentanyl
These laws apply to anyone found possessing the drug without a valid license. If you are a healthcare provider, you need a permit to possess and prescribe fentanyl to patients who can benefit from the drug. The illegal possession of the drug is prosecuted under HS 11350. You can face charges under this law for having any amount of fentanyl without a legal permit. If you are a patient and are using the drug for its medicinal use, you are not allowed to keep it since your healthcare provider should administer it from the clinic.
Simple possession of fentanyl, whereby you only have enough of the drug for your use, is a misdemeanor, punishable by a year in jail and a $1,000 court fine. Your penalties will be stiffer if you are a second or subsequent offender.
Possession of fentanyl for sale is prohibited under HS 11351. You can face charges under this statute for having more drugs than you can consume. A large amount of drugs could indicate an intent to sell, distribute, or give away the drug. Charges under this statute can also arise if you are found in possession of packaging supplies or any other drug paraphernalia besides fentanyl.
Possession for sale is a graver offense than simple possession. You will likely face felony charges, with a possible prison sentence of up to four years.
Sale or Transportation of Fentanyl
HS 11352 prohibits the sale, distribution, or trafficking of a regulated substance in California. A violation of this law is a grave felony. You can face charges for selling, giving away, furnishing, transporting, importing, or administering fentanyl. You will likely face a prison sentence of up to nine years if convicted under this statute. The judge will enhance your sentence if you transport the substance across multiple counties.
Penalty Enhancement for Fentanyl Trafficking Convictions
If you face a drug-related charge, the judge can enhance your sentence if there are aggravating factors in your case. An aggravating factor is any circumstance that worsens your case, including selling or administering a drug to a minor, involving a child in drug trafficking, possession of a substantial amount of a regulated substance, or committing a drug crime using a dangerous weapon. When the judge enhances your penalty, they will increase your prison sentence and court fine, meaning you will serve a longer sentence than the law provides for the underlying offense.
Typically, judges penalize fentanyl-related offenders according to the details of their cases. The judge will consider the amount of the drug involved in your crime to determine the proper sentence for you. If the drug in your possession is a small amount for a one-time use, the prosecutor will file a lenient misdemeanor charge. However, if the drug is more than one person needs for a one-time use, your charges will become stiffer.
When prosecuting drug trafficking charges, the district attorney will consider the amount of drug involved. The judge will also consider this factor when sentencing the offender. For example, if you face charges for trafficking less than a kilogram of the drug, the judge can sentence you to a maximum of nine years. However, they will increase or enhance our penalty if the drug is more than a kilogram. According to HS 11370.4, the judge will improve your sentence this way:
- An additional three years to your sentence if your case involves more than a kilogram of fentanyl
- An additional five years if you were dealing with four kilograms of fentanyl or more
- An additional ten years if you sold, furnished, transported, or distributed ten kilograms or more of fentanyl.
- An additional fifteen years for cases involving twenty or more kilograms of fentanyl
- An additional twenty years to your sentence for dealing in 40 kilograms or more of fentanyl
- An additional 25 years for cases involving over 80 kilos of fentanyl
Additionally, the judge will enhance your sentence if you are found trafficking the drug within one thousand feet of a protected zone, like a school or children's playground. In this case, you could receive an additional two years to your underlying sentence.
The prosecutor can also charge you with other grave felonies in addition to fentanyl trafficking charges, including money laundering, drug manufacturing, or drug possession.
How to Change the Outcome of Your Fentanyl-Related Case
A fentanyl-related charge is grave because fentanyl is a dangerous and lethal drug. The government has strict regulations for this and many other lethal drugs to keep Californians safe from drug abuse, addiction, and overdose. Thus, you will likely face severe charges for illegal possession, trafficking, sale, or distribution of the substance, punishable by a lengthy jail or prison sentence and a hefty fine.
If you face a grave felony charge for the sale or trafficking of fentanyl and you would like a favorable outcome, you must engage the assistance of a skilled criminal attorney. Hiring an attorney should be the first thing you do right after your arrest. They can review your case to determine your legal situation and the best fighting strategies.
Fortunately, you can fight your charges or defend your actions in the trial. After reviewing the prosecutor’s case and your evidence, testimony, or statements, the judge's verdict will come. Thus, you must prepare wells or your defense if you want to change the outcome of your case.
Criminal defense attorneys can use different legal defense strategies to compel judges to rule favorably in criminal cases, regardless of the gravity of your charges. Here are some of the strategies your attorney can use in your case:
The Police Made a Mistake During Your Arrest or Case Investigation
Your defense team can cite police mistakes when arresting or investigating your case to weaken the prosecutor’s case. For example, they can cite that the police did not have probable cause for your arrest. The police must follow particular guidelines when arresting a person for a drug-related charge. For example, they need to show probable cause for stopping, investigating, and arresting you for a fentanyl-related charge. The judge can dismiss your charges if the arresting officer cannot demonstrate probable cause.
Your attorney can also push for a case dismissal if the officers arrested or searched you without a valid warrant. The police must first obtain a warrant from a judge to arrest or search a person for drugs. After your arrest, the officer must read your Miranda rights, including your right not to incriminate yourself and an attorney. If no legal guidelines are followed, the judge will dismiss your charges.
You Did Not Have Criminal Intent
Your defense team can also fight some of the elements in your case, like your intent, to compel the court to drop or reduce your charges. In most drug-related cases, the prosecutor must demonstrate that a defendant acted with criminal intent. For example, you need criminal intent to forge a prescription to obtain fentanyl unlawfully. You also need a criminal intent to involve a minor in the sale or trafficking of fentanyl. Intent is a critical element in most fentanyl-related cases. The judge will dismiss your charges if your attorney demonstrates that you did not act with criminal intent.
You Did Not Know About the Drugs
Knowledge is also a critical element of most drug-related crimes. The law requires the prosecutor to demonstrate that the perpetrator acted knowingly in obtaining, selling, or trafficking dangerous substances. You must have known about the drugs in your possession or the nature of the rugs in your possession for the court to give a guilty verdict in your case. If this is not the case, the judge can dismiss your charges.
An aggressive attorney can fight this by demonstrating your innocence to the jury. They can argue that someone else planted the drugs in your person or vehicle or you were tricked into transporting or selling the substances. The court will dismiss your charges if there is no compelling evidence that you know about the drugs or the drug’s nature.
You Face False Accusations
If you are falsely accused of possessing, selling, or trafficking fentanyl, a competent criminal defense attorney can help protect you from an unfair conviction. They need to present evidence and fight some of the prosecutor’s evidence to convince the court of your innocence. Your attorney can skillfully use your alibi to achieve this. They can also bring in witnesses to testify in your favor. Your attorney can also demonstrate your relationship with your accuser, which could have resulted in the false accusations. The judge will dismiss your charges if your defense is successful.
Accepting A Plea Bargain
Your defense team can also accept a plea bargain for a more lenient resolution of your case. For example, if your trafficking charge is reduced to a misdemeanor, the judge can agree to a probation sentence or drug diversion. The latter will allow you to receive treatment and rehabilitation for a fresh start. This is a better result than spending years behind bars with a damaging criminal record.
Find Competent Criminal Defense Services Near Me
If you face a fentanyl-related charge in Van Nuys, the consequences of your conviction will be grave if the court finds you guilty. This is because fentanyl is a dangerous drug with a high potency for dependence and abuse. It is also among the leading cases of drug overdoses in California.
However, our skilled Leah Legal attorneys can assist you in fighting for a reasonable outcome. We will begin by ensuring you understand all there is about fentanyl, fentanyl laws, and the possible outcomes of your case. We will also discuss your options, rights, and the right defense strategies. You can compel the judge to reduce or drop your charges with our assistance. Contact us at 818-484-1100 to discuss your options and how we can help you.