Hearing those words can feel like the ground has dropped out from under you. In today’s legal climate, a charge for possessing fentanyl isn’t treated like other drug charges. Prosecutors and lawmakers have declared a war on this substance, and that means the penalties are severe, public opinion is harsh, and the state will pursue these cases with maximum aggression.
A possession charge can quickly escalate into a delivery or even murder allegation if someone else is harmed. Even a tiny amount—residue visible only on a scale—is enough for a felony charge that threatens your freedom, your future, and your record. Panic is a natural reaction, but it’s not a strategy. Your next steps must be calculated, swift, and guided by a defense attorney who understands the unique gravity of a fentanyl case.
If you are facing these charges, you are not just fighting a drug case; you are fighting against a system that has labeled fentanyl public enemy number one. You need a defender who knows how to navigate this heightened landscape.
Understanding the Charges: It’s Not “Just Possession”
Fentanyl is listed in Penalty Group 1-B of the Texas Controlled Substances Act, which is reserved for the most dangerous drugs. The penalties are structured by weight, but the thresholds are frighteningly low.
- Possession of Fentanyl (< 1 gram): A third-degree felony. Punishable by 2 to 10 years in prison and a fine up to $10,000.
- Possession of Fentanyl (1 – 4 grams): A second-degree felony. Punishable by 2 to 20 years in prison and a fine up to $10,000.
- Possession of Fentanyl (4 – 200 grams): A first-degree felony. Punishable by 5 to 99 years, or life, in prison and a fine up to $10,000.
Crucially, the weight includes any adulterants or dilutants. This means the weight of the entire mixture containing any detectable amount of fentanyl is counted, not just the pure drug itself.
The Looming Threat of Enhanced Charges
A simple possession charge is just the beginning. Under Texas’s new fentanyl murder statute (Penal Code § 19.02), if someone dies after using a substance you allegedly manufactured or delivered, you can be charged with murder—a first-degree felony. Prosecutors are increasingly using this law, meaning your case could evolve from a possession charge to a homicide case overnight based on events you may not have even witnessed.
What to Do (and NOT Do) After an Arrest
Your actions in the first 24-48 hours are critical. Do not let fear dictate your decisions.
- DO NOT Speak to Investigators. They may suggest that “cooperating” and telling your side will help. It will not. Anything you say will be meticulously used to build the state’s case against you. Your only statement should be: “I will not speak without my attorney present.”
- DO NOT Consent to Any Searches. If police ask to look at your phone or your car, you have the right to refuse unless they have a warrant. Do not give voluntary permission.
- DO Contact a Defense Attorney Immediately. The sooner we are involved, the sooner we can begin challenging the evidence, protecting your rights, and building a defense strategy. We can also advise you on bond and begin the investigation while memories are fresh.
Potential Defense Strategies in a Fentanyl Case
An aggressive defense is not about condoning drug use; it’s about holding the state to its burden of proof and protecting your constitutional rights. Every case is different, but potential defenses include:
- Challenging the Search & Seizure: Was the traffic stop lawful? Did police have probable cause to search you or your property? If your Fourth Amendment rights were violated, the evidence may be suppressed.
- Chain of Custody & Lab Analysis: Can the state prove the substance they tested is the same substance they took from you? We scrutinize the forensic lab’s procedures and results.
- Lack of Knowledge or Possession: Can the state prove you knowingly possessed the fentanyl? If drugs were found in a common area or a vehicle with multiple people, establishing actual, knowing possession becomes much harder for the prosecution.
- Negotiating for Treatment & Rehabilitation: In some cases, especially for first-time offenders, we can advocate for a resolution that focuses on court-supervised treatment and rehabilitation rather than years in prison.
Fentanyl Possession Charges: FAQs
What if the fentanyl was for personal use, not for sale?
Texas law does not distinguish between possession for personal use and possession with intent to deliver based solely on weight. Prosecutors often use the amount possessed to argue intent to deliver, which carries even stiffer penalties. We must fight to keep the charge as simple possession.
Can I get probation for a fentanyl charge?
For a first-time offender on a lower-weight possession charge, probation may be a possibility. However, it is never guaranteed, and judges are under tremendous pressure to impose jail time in fentanyl cases. An experienced attorney is essential to persuasively argue for probation.
Will I be charged in state or federal court?
It depends on the agencies involved and the scope of the alleged activity. Federal charges typically involve larger quantities or cross-state lines and come with severe mandatory minimum sentences. We are equipped to defend you in either jurisdiction.
Plano Fentanyl Defense Attorney
At Starr Law, P.C., we understand that a fentanyl charge is a crisis. We respond with immediate action and a strategic, no-nonsense defense. With vast experience defending serious drug charges in Collin County, we know how to dissect the state’s evidence, challenge law enforcement’s narrative, and fight for an outcome that preserves your future.
We are not here to judge you; we are here to defend you. The state has immense resources, but you have the right to a powerful defense.
Do not face this alone. Contact Starr Law, P.C. immediately for a confidential consultation. We are available 24/7 at 214-982-1408.
References
- Texas Health & Safety Code, Chapter 481 (Texas Controlled Substances Act)
- Texas Penal Code, Section 19.02 (Murder – including fentanyl murder provision)
