There are times when innovation produces positive consequences for society and there are times when its impacts are catastrophic. Then, there are innovations like Fentanyl, which have both benefited the public and led to great suffering. Fentanyl is a synthetic opioid that is far stronger than most other pain-relieving drugs that have been in widespread use for decades. For example, it is 50 times stronger than heroin and a staggering 100 times stronger than morphine.
The reason why Fentanyl has benefitted society is obvious. Any time that a synthetic drug can be cheaply and easily produced to serve the needs of acute and chronic pain patients, individuals with postoperative pain and people in pain caused by conditions such as late-stage cancer suffer less intensely than they otherwise would.
Unfortunately, the very strength that makes Fentanyl so effective also makes it exceedingly dangerous if it is taken without proper monitoring, if it is abused, or if it is contaminated or allowed to contaminate other drugs. Over the past several years, Fentanyl has become one of the leading causes of both fatal and non-fatal overdoses across the country. As a result of the public safety risks stemming from the misuse of Fentanyl, both the federal government and virtually every state have started to get very aggressive when it comes to penalizing Fentanyl-related criminal offenses.
Pharmaceutical Fentanyl Versus Illicitly Manufactured Fentanyl
Unlike most drugs, there are two distinct kinds of Fentanyl, with the difference rooted in how they are produced. Pharmaceutical Fentanyl is a medical-grade substance that is heavily regulated. By contrast, illicitly manufactured Fentanyl is neither regulated nor medical grade. Both substances can feed an individual’s substance abuse disorder, and both have the potential to result in a serious or fatal overdose.
When criminal allegations involve pharmaceutical Fentanyl, chances are that a healthcare provider has abused their position in service of their substance abuse issues or another’s substance abuse problem by handing out prescriptions or otherwise procuring the drug for illicit use. There are also cases where a patient who has been legitimately prescribed Fentanyl shares it with someone who is not authorized to take it or where a patient commits fraud to secure a prescription. It is possible to face criminal charges related to a violation of law involving pharmaceutical Fentanyl.
Most criminal charges that are filed concerning this drug focus on the possession, manufacture, sale, or transfer of illicitly manufactured Fentanyl. This version of Fentanyl is often traded via unlawful drug markets on its own. However, it is also often utilized to fortify other drugs due to its extremely potent nature. This potency is primarily what makes Fentanyl so dangerous. If another drug – such as heroin, cocaine, or methamphetamine – is laced with Fentanyl, the user may take their usual dosage and unintentionally overdose too easily because they are unaware of how much stronger the base drug has become due to the addition of Fentanyl.
Yet, despite the risks that illicitly manufactured Fentanyl causes, it continues to increase its illicit “market share” both on its own and as an additive, primarily because it is a uniquely powerful, cheap, and addictive substance. Tragically, many individuals who find themselves facing Fentanyl-related charges may not have even been aware that the drugs they possessed contained Fentanyl because – without a Fentanyl test strip – it is often impossible to tell whether other drugs have been laced with it or if the pills that one possesses that look like other opioids are really Fentanyl in disguise.
Fentanyl’s Schedule Classifications
Each substance-related crime that is subject to federal prosecution is regulated via the Controlled Substances Act of 1970. This law classifies controlled substances within a five-schedule scheme. Generally, a drug is classified into a lower schedule (five being the lowest) if the drug has a low potential for abuse and is utilized primarily for legitimate medical purposes.
When a drug is classified into a higher schedule, it likely has both a high potential for abuse and little value in a medical context. For example, Schedule I drugs include heroin, lysergic acid diethylamide (LSD), and 3,4-methylenedioxymethamphetamine (ecstasy), each of which has a high potential for abuse and little-to-no value in a medical context. Illicitly manufactured Fentanyl – also referred to as a Fentanyl analog – is a Schedule I controlled substance due to its addictive properties and inability to be used for medicinal purposes.
Pharmaceutical Fentanyl, which is one of the most addictive substances regulated by the federal government, is not classified as a Schedule I drug because it serves a legitimate medical purpose. Instead, it is classified as a Schedule II drug because it is simultaneously highly addictive and has the potential to be used safely for legitimate medical purposes. Other Schedule II drugs include the pain relievers most commonly referred to as Dilaudid, Demerol, OxyContin, and Percocet, as well as methadone.
Fentanyl’s schedule classification is consequential because a drug’s classification impacts the penalties that those who have allegedly engaged in illicit conduct related to a specific substance will face if they are convicted of one or more related crimes. For example, illicit possession of a Schedule IV drug is going to result in less consequential penalties than a conviction for illicit possession of a Schedule II drug will.
Federal Fentanyl Charges And Potential Penalties
Not all drug crimes are prosecuted at the federal level. Relatively minor possession charges, for example, are generally prosecuted at the state level. Similarly, state prosecution typically results from relatively minor sale and manufacture-related crimes, provided that none of the sale or manufacturing efforts in question involve crossing state lines.
Drug charges tend to be prosecuted at the federal level when possession, sale, manufacture, transfer, or conspiracy efforts involve a truly significant quantity of controlled substances or involve activities that cross state lines. An alleged offender can face drug charges at both the federal and state levels simultaneously.
When federal charges are at issue, the penalties that a conviction could bring are extreme. As most federal Fentanyl cases involve drug trafficking charges, associated potential penalties are illustrative of just how consequential these cases can be.
For example, if an individual is convicted of trafficking between 40–399 grams of Schedule II pharmaceutical Fentanyl or between 10–99 grams of a Fentanyl analog, they will face a minimum of five years imprisonment and not more than 40 years imprisonment if they are convicted of a first offense. A second offense will result in no fewer than ten years imprisonment and not more than life.
If someone’s alleged trafficking activities result in the death or serious injury of another, a convicted individual offender will be sentenced to no fewer than 20 years in prison and will face a fine of no more than $5 million. A second conviction that results in death or serious injury will result in life imprisonment and a fine of no more than $8 million.
The potential penalties that an individual risks for an offense involving 400 grams or more of Schedule II pharmaceutical Fentanyl or between 100 grams or more of a Fentanyl analog are, essentially, doubled.
Few violent crimes result in the risk of penalties this steep anywhere in the country, let alone non-violent offenses. The degree to which federal lawmakers and prosecutors aim to deter Fentanyl-related offenses via extreme sentencing schemes cannot be overstated.
To Learn More, Contact A Dedicated Texas Fentanyl Lawyer Today
If you are facing federal charges related to Fentanyl, the potential consequences that you’re facing in the event of conviction could be truly life-altering. As the nation grapples with more and more overdoses related to this drug, lawmakers and law enforcement officers are eager to rack up as many convictions as possible to be able to say that they’re doing something about the problem. The primary challenge with this approach, of course, is that innocent people can get caught in the crosshairs, while legitimate offenders – who are likely to be engaging in illicit conduct due to a substance abuse issue or other influences that are not inherently malicious – can be subjected to penalties that are far more severe than the situation warrants.
Because the scales are (practically speaking) tipped in favor of the government in federal drug charge cases, you’ll need a skilled and dedicated layer advocating aggressively for your interests. The lawyers at The Cofer Luster Law Firm have cultivated a reputation for excellence, which has been confirmed by recognition as being some of the top attorneys in Fort Worth, Texas, according to Fort Worth Magazine. Our decades of combined experience have taught our team how to get results on behalf of our clients. To learn more about how we can help, reach out today by calling (682) 777-3336 or by contacting us online to schedule a confidential, risk-free legal consultation. We look forward to speaking with you.
