Possession of Fentanyl
Synthetic opioids, such as fentanyl, are the most common drugs involved in drug overdose deaths in the U.S. They are considered to have a high potential for abuse. In 2017, National Institute on Drug Abuse (NIDA) reported that almost 60% of opioid-related deaths involved fentanyl.
Per the Controlled Substances Act found in Texas Penal Code, fentanyl is a Schedule II controlled substance. It is classified as a Penalty Group 1 in the state of Texas, meaning that it is among the most serious drugs an individual can face criminal charges for. Possession of fentanyl without a prescription is illegal in the state of TX.
Houston Fentanyl Defense Attorney, TX
Fentanyl possession penalties can be harsh in the state of Texas. If you or a loved have been arrested for a fentanyl crime, we advise you to seek legal representation as soon as possible. Our drug crime attorneys have spent two decades building a reputation for our trial skills and fearless court demeanor. We will work tirelessly to reduce or eliminate your charges.
Our goal at Horak Law is for you to avoid all punishments. We represent clients in Houston, TX and the surrounding counties such as Fort Bend County, Liberty County, Montgomery County, and Brazoria County. Call (713) 225-8000 to have us examine your case during a free, initial consultation.
Fentanyl is a synthetic opioid that is up to 100 times more potent than morphine. It can be prescribed by a doctor, but it’s also used recreationally as an illegal drug. Just like morphine, prescription fentanyl is used to treat patients with chronic pain after surgery.
A person can easily overdose on fentanyl since the substance can be highly addictive. Individuals who grow a big dependency on fentanyl and stop using it can experience severe withdrawal symptoms such as cold flashes, uncontrollable leg movements, sleep problems, diarrhea and vomiting. These symptoms can sometimes be hard to overcome and are the reasons why many individuals find it difficult to stop taking it.
Fentanyl is classified as a Penalty Group 1 controlled substance by the Controlled Substances Act (CSA). It is the highest penalty group with the most severe penalties. Just like any drug, an individual could face any number of criminal charges depending on the circumstances pf the crime. Generally, penalties for possession of fentanyl range as follows:
- Possession of less than 1 gram of Fentanyl – State jail felony: punishable by 180 days to 2 years in prison, up to $10,000 in fines
- Possession of 1 – 4 grams of Fentanyl – Second degree felony: punishable by 2 to 20 years in prison, up to $10,000 in fines
- Possession of 4 – 200 grams of Fentanyl – First degree felony: punishable by 5-99 years in prison, up to $10,000 in fines
- Possession of 200 – 400 grams of Fentanyl: Life felony: punishable by 10-99 years in prison, up to $100,000 in fines
- Possession of Less than 400 grams of Fentanyl: Life felony: punishable by 15-99 years in prison, up to $250,000 in fines
If someone commits a fentanyl trafficking crime, the penalties are increased. Fentanyl trafficking penalties are classified as follows:
- Trafficking of less than 1 gram of Fentanyl – State jail felony: punishable by 180 days to 2 years in prison, up to $10,000 in fines
- Trafficking of 1-4 grams of Fentanyl – Third degree felony: punishable by up to 10 years in prison, up to $10,000 in fines
- Trafficking of 4-200 grams of Fentanyl – First degree felony: punishable by up to 99 years or life in prison, up to $10,000 in fines
- Trafficking of 200 grams of Fentanyl – Enhanced first degree felony: minimum sentence of 10 years in prison but it may be increased to 20 in cases involving death or serious injury
Texas Penal Code: Controlled Substances Act – Visit Chapter 481 of the Texas Penal Code which constitutes the Controlled Substances Act. The webpage defines several terms such as “controlled substance,” “counterfeit substance” and “narcotic drug.” Click the link the view the drugs that constitute each schedule.
NIDA: Texas: Opioid-Involved Deaths and Related Harms – Click the link to view the National Institute on Drug Abuse report of drug-involved overdose deaths. You’ll be able to read statistics regarding deaths caused by synthetic opioids. The webpage also lists information about opioid prescriptions.
Texas State Board of Pharmacy: Controlled Scheduled Drugs – Visit the Texas State Board of Pharmacy to read more information about what is considered a controlled drug. You’ll be able to see what substances are classified under Schedule I, II, III, IV, and V. The drugs with the highest abuse potential are placed in Schedule I, and those with the lowest are in Schedule V.
TX Fentanyl Possession Attorneys in TX
If you were recently arrested for a fentanyl-related crime in Houston, TX, contact Horak Law to speak with one of our drug offense attorneys. We will fight the criminal charges and achieve the most favorable outcome in your case. Do not wait another minute.
Matthew Horak is a reputable criminal defense attorney who is skilled at defending clients charged with fentanyl possession and other related drug crimes. He and his team represent individuals in throughout the greater Houston metropolitan area and surrounding cities including Bellaire, West University Place, Webster, and Missouri City. Call Horak Law at (713) 225-8000 to schedule a consultation free of charge.