Are You Facing Charges of Fentanyl Possession?

 Posted on March 07, 2022 in Criminal Defense

When people think of drug possession charges, they usually think of illegal drugs, such as cocaine, methamphetamine, and heroin. However, the drug epidemic that has gripped this country and caused hundreds of thousands of deaths has prescription opioid medications at the center. The majority of people who end up developing addictions all share a common theme: Due to an injury or illness, their doctors prescribed an opioid medication, and they quickly became addicted. It is well documented that a person can become addicted to opioids after just a few days of using the drugs. If your one of those people and you now are facing drug charges, you need a compassionate defense attorney advocating for you.

Opioid Epidemic

The current epidemic resulted because of the overprescribing of oxycontin, a powerful narcotic that was originally developed for pain relief for terminally ill cancer patients. Tragically, many doctors began prescribing these drugs for many other nonterminal conditions, creating the horrific epidemic mess we are in.

Instead of addressing this issue as it was occurring, drug companies not only continued to mass produce and push these drugs, but they also developed even more powerful – and deadly – opioids. One of these drugs, fentanyl, has found its way onto the streets and is responsible for the taking of thousands of lives and countless overdoses each year. The drug is almost 100 times more powerful than morphine and highly addictive.

Because fentanyl is such a deadly substance, the penalties for distribution or intent to sell are especially harsh. Even illegally possessing the drug can result in a severe prison sentence.

Drug Charges

According to federal statistics, the number of deaths caused by is more than 75,000 each year, and that number continues to increase by about 25 percent every year. Although the addiction and death rate caused by opioids can be directly linked to aggressive (and dishonest) pharmaceutical sale tactics, failure to provide patients with warnings about the powerful drugs they are being prescribed, and failure to properly monitor the prescription drug industry, it is not the drug companies, prescribing doctors, or the pharmacies who fill the prescriptions who face any legal consequences for patients’ addictions.

It is the user who is caught with illegal possession of fentanyl or another opioid who will ultimately pay the price.

The criminal justice system classifies drugs by their potential abuse rate, with Schedule I drugs as being the most dangerous to Schedule V, which as the lowest rate of abuse or addiction. The higher the schedule classification, the harsher the penalties are for convictions linked to any drug offenses.

Under federal law, fentanyl is classified as a Schedule II drug, similar to morphine but about 100 times more potent. However, under Texas law, it is classified in the Penalty Group 1.

Under both federal and state charges, the penalties for possession of fentanyl is harsh if convicted. Even possession of less than a gram of the drug can result in up to two years in prison and up to $10,000 in fines. Convictions for larger amounts mean significant more prison time and even larger fines.

Call a Cooke County Defense Attorney

If you have been charged with any kind of crime involving fentanyl or other drug, do not delay in contacting a Denton County drug possession lawyer. The sooner we begin working on your case, the better chances you have of a positive outcome. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation. Se Habla Español.

Sources:

https://www.iwu.edu/counseling/Federal_Drug_Laws.htm

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm