Potential penalties for illegal possession of fentanyl

On Behalf of | Mar 25, 2020 | Drug Possession

When people in Texas go to the doctor for pain, many are given various types of pain medication to alleviate the pain. Some of these are more potent than others. Many of these pain medications are opioid based though. These drugs are very effective in alleviating pain, but they can also be highly addicted if they are not strictly monitored and taken only according to the prescription.

Not everyone follows the prescriptions though or are not monitored properly and become addicted to them. They may be able to get refills from a doctor initially, but eventually people may need to find the drugs illegally. This can become dangerous because people do not always know what is in the drugs they are taking. They may think that they simply have oxycodone, but later find out there was also fentanyl in the pills as well. That is a very powerful drug and because of the potential dangers of taking it, the penalties for possessing it are very harsh.

Fentanyl is in Penalty Group 1, which has the most severe penalties. It is a state felony if people possess less than one gram, which could result in a jail sentence between 180 days to two years. If the amount is between one gram to four grams, it is a third-degree felony and people could face a jail sentence between two to 10 years. It is a second-degree felony if the amount is between four grams and 200 grams, which could come with a jail sentence between two and 20 years and a first-degree felony if the amount is between 200 and 400 grams, which could put people in jail from five years to 99 years.

Many people have fentanyl in their possession in Texas. If they are caught they could face serious consequences, including significant jail time. However, before they can be sent to jail, they must be convicted. Simply being charged does not mean the person is automatically guilty and there may be defenses, starting with how the police obtained the evidence. It is important to know your rights and experienced attorneys could be a useful resource.

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