OPIOID AND FENTANYL POSSESSION

Helping People Accused of Opioid and Fentanyl Possession Crimes

If you have been charged with or are being investigated for opioid and fentanyl possession or crimes like illegal possession or sale of Fentanyl or other opioid drugs, you should call a criminal defense attorney as soon as you can. Representation by a lawyer may help you avoid the most serious consequences that can be imposed by the court—and may even result in the complete dismissal of your case.

At the Cofer Luster Law Firm, we understand how terrifying it can be to face charges for violating state or federal drug laws. We provide focused, compassionate, and effective criminal defense representation to people accused of the sale or possession of opioids and fentanyl. Our lawyers will consider every possible defense available and are not hesitant to take a case to trial if it is in your best interests.

Penalty For Federal Fentanyl Charges

Fentanyl is a Schedule II narcotic under the United States Controlled Substances Act of 1970.

40 – 399 grams of a mixture containing Fentanyl

First Offense: Imprisonment of not less than 5 years and not more than 40 years. If death or serious injury occurred in connection with the case, then the range is imprisonment for not less than 20 or more than life. You may also be assessed a fine of not more than $2 million. Following a term of imprisonment, the court must impose a term of supervised release of at least 3 years.

Second Offense: Imprisonment of not less than 10 years and up to Life. If death or serious injury occurred in connection with the case, then the sentence is mandatory Life imprisonment. You may also be assessed a fine of not more than $4 million. Following a term of imprisonment, the court must impose a term of supervised release of at least 5 years. When you have been charged with, or investigated for, a drug related offense, you need an experienced attorney to fight for you.

400 grams or more of a mixture containing Fentanyl

First Offense: Imprisonment of not less than 10 years and up to Life. If death or serious injury occurred in connection with the case, then the range is not less than 20 and up to Life. You may also be fined not more than $10,000,000. Following a term of imprisonment, the court must impose a term of supervised release of at least 5 years.

Second Offense: Imprisonment of not less than 20 years and up to Life. If death or serious injury occurred in connection with the case then the sentence is mandatory Life imprisonment. You may also be assessed a fine of not more than $8 million. Following a term of imprisonment, the court must impose a term of supervised release of at least 10 years and up to Life.

2 or More Prior Offenses: The sentence is mandatory Life imprisonment.

Federal Drug Conspiracy and Distribution

Most federal criminal drug cases involve an allegation of “conspiracy.” This simply means that two or more people acted together to distribute or manufacture a controlled substance. Fentanyl distribution has become a new hot target for federal drug law enforcement agencies. A conspiracy charge brings complex legal and factual issues that you should discuss with an experienced federal criminal defense lawyer. Unlike the typical state drug case, a federal investigation usually is expansive, long, and complex. Even if you are not charged with “conspiracy” you may be held responsible for the actions of “coconspirators.” In federal sentencing, a person may be held responsible for all “relevant conduct” including the actions of others. Regardless of how limited your role may have been, the charges and sentence can become extremely serious. Do not speak with federal agents without first meeting with a federal criminal defense attorney.

What Is Fentanyl?

Fentanyl (N-phenyl-N-[1-(2-phenylethyl )-4-piperidinyl] propanamide) is a potent synthetic opioid drug approved by the Food and Drug Administration for use as an analgesic (pain relief) and anesthetic. The Drug Enforcement Administration says it is approximately 100 times more potent than morphine and 50 times more potent than heroin as an analgesic. Upon consumption, there is a rapid onset of effects and the effects generally last less than two hours. For medical purposes, fentanyl is used by injection, as a patch placed on the skin, as a nasal spray, inhaler, or put into the mouth.

Where Does Fentanyl Come From?

Originally, Fentanyl was introduced in the 1960s as an intravenous (injected into a vein) anesthetic. Pharmaceutical companies legally manufacture and distribute it in the United States. Also, hidden illegal laboratories manufacture Fentanyl and analogues. Some Fentanyl or analogues are imported from foreign countries. Legal fentanyl pharmaceutical products are often stolen or obtained with fraudulent prescriptions. There is a vast network of distribution on the “dark web.” One can only legally obtain it with a valid prescription from a licensed doctor.

Currently, Fentanyl pharmaceutical products are available in the following dosage forms:

• oral transmucosal lozenges commonly referred to as fentanyl “lollipops” ( Actiq);
• effervescent buccal tablets ( Fentora);
• sublingual tablets ( Abstral );
• sublingual sprays ( Subsys);
• nasal sprays ( Lazanda);
• transdermal patches (Duragesic); and
• injectable formulations.

Common Street Names

Common street names include:

• Apache
• China Girl
• China Town
• Dance Fever
• Friend
• Goodfellas
• Good Good
• Great Bear
• He-Man
• Jackpot
• King Ivory
• Murder 8
• Tango & Cash

Is Fentanyl Legal?

Yes, it is legal with a valid prescription. However, possession without a prescription is a crime under Texas and federal law. Under the United States Code Chapter 21 U.S. Section 812, the United States Attorney General has the authority to list in “schedules” different controlled substances. Fentanyl is listed as a Schedule II controlled substance. (21 U.S. Code § 812). This means the U.S. Attorney General has determined:

1. It has a high potential for abuse.
2. Abuse of the drug may lead to severe psychological or physical dependence
3. But it currently has accepted medical uses in treatment in the United States

What class of drug is Fentanyl? In the federal system, it is a Schedule II controlled substance, while under Texas law, it is codified in Penalty Group 1. Regardless of whether a charge is filed in state or federal court, you need to contact a criminal defense attorney immediately.

Call Cofer Luster Today to Speak with a Fentanyl and Opioid Defense Lawyer

If you have been arrested for a criminal offense related to Fentanyl or another opioid, it is essential to retain competent legal counsel as soon as you can. If you are convicted, you could face extremely harsh legal penalties and a criminal record that will affect your life for years to come. At Cofer Luster we provide steadfast criminal defense representation and work hard to secure the best possible outcome in each case we handle. Fight your drug charge with a team of experienced Fort Worth drug Lawyers. To schedule a case evaluation with a fentanyl defense attorney, call Cody Cofer at (682) 777-3336 or send us an email through our online contact form.