The opioid crisis has spent years in the news, including the rise of fentanyl use. The reason is that politicians and medical professionals define it as one of the worst drug problems in the history of the United States.
The situation has not isolated itself to a single community and only seems to worsen. For example, recent reports show that opioid deaths are spiking among Latinos. Thus, Texans should be aware of the penalties for fentanyl possession.
When does fentanyl possession become a federal case?
Simple possession of fentanyl might only be a state crime if a person has a small amount. However, federal agents may view a substantial quantity of the drug as too large for any one person to consume. In this case, agents could decide to bring federal charges.
Also, any illegal activity with the drug on federal property, such as at a military base or a national park, could become a federal crime.
What are the federal penalties for fentanyl possession?
Federal guidelines mandate the following punishments:
- First offense, mixture of 40-399 grams: Five-year minimum imprisonment and up to $2 million fine
- First offense, mixture of 400 grams or more: Imprisonment from 10 years to life and a fine up to $4 million
- Second offense, mixture of 40-399 grams: 10-year minimum imprisonment and up to $4 million fine
- Second offense, mixture over 400 grams: Imprisonment from 20 years to life and up to an $8 million fine
- Third offense: Life imprisonment
Defendants must be aware that the above measurements are for a mixture that includes fentanyl and not just the amount of the opioid itself.
Cases become more complex when elements of conspiracy and distribution arise. Defendants must review the circumstances and charges carefully to prepare a strong defense.