Much of the illegal fentanyl in the U.S. enters the country via drug cartels in Mexico. Because Texas is in close proximity to the border, law enforcement can be on high alert for fentanyl possession.
There’s no question that illegal fentanyl is a devastating problem in our communities. The U.S. Drug Enforcement Administration (DEA) calls fentanyl “the greatest threat facing Americans today,” stating it is the leading cause of death of adults in the U.S. aged 18-45. However, the aggressive pursuit of illegal fentanyl can lead to false allegations and individuals being charged with crimes they did not commit.
If you or someone you know is facing charges of fentanyl possession in Texas, it’s critical to know your legal rights. Read on to learn more about fentanyl, Texas fentanyl laws, and how a drug crime defense lawyer can help you.
What Is Fentanyl?
Fentanyl is unique in that, unlike some other drugs, it is legal to possess fentanyl if you have a prescription for it and you obtained the drug from a licensed pharmacy.
Legal fentanyl is a synthetic opioid approved by the Food and Drug Administration (FDA). It is prescribed for pain relief in the U.S. under brand names that include Actiq, Duragesic, and Sublimaze.
Possessing fentanyl without a prescription or possessing fentanyl obtained illegally is a crime. There are several ways that fentanyl ends up on the street market. One is that individuals with a valid prescription sell their fentanyl. Another is through theft, in which someone steals fentanyl from a hospital or pharmacy. And lastly, fentanyl that is illicitly manufactured is sold on the streets.
According to the DEA, street fentanyl is often referred to by many names, including Apache, China Girl, China Town, Dance Fever, Friend, Goodfellas, Great Bear, He-Man, Jackpot, King Ivory, Murder 8, and Tango & Cash.
Texas Fentanyl Possession Laws
Texas Law classifies certain substances, including fentanyl, into Penalty Groups. Fentanyl is in Penalty Group 1-B. Charges for possession of 1-B drugs in Texas are based on the amount of drugs.
According to the Texas Controlled Substances Act, possession of fentanyl is:
- A state jail felony for less than one gram.
- A felony of the third degree for one gram or more, but less than four grams.
- A felony of the second degree for four grams or more, but less than 200 grams.
- A felony of the first degree for 200 grams or more, but less than 400 grams.
- A felony of the first degree — punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000 — for 400 grams or more.
Note that the amounts listed above are “by aggregate weight, including adulterants or dilutants.”
Defenses for Fentanyl Possession in Texas
The burden is on the prosecution to prove, beyond a reasonable doubt, that you “knowingly or intentionally” possessed fentanyl without a prescription or a doctor’s order. There are several possible defenses to these charges, based on the specific details of your case:
- You were falsely identified.
- The fentanyl did not belong to you.
- Law enforcement engaged in an illegal search and seizure.
- You have a valid prescription for fentanyl.
- There were issues with the chain of custody after law enforcement seized evidence.
There are many drug crime lawyers in Plano, but not all are experienced trial attorneys like Kent Starr. Many unmotivated lawyers will encourage you to accept a plea bargain simply because they are lazy, they lack trial experience, or they are intimidated by the judge or prosecution.
Attorney Starr has a long track record of achieving favorable outcomes for his clients facing tough felony charges like fentanyl possession.
Fentanyl: Possession vs. Intent to Deliver
One persistent myth about fentanyl in Texas is that the amount of drugs determines whether someone could face possession or the more serious crime of Intent To Deliver.
In reality, the circumstances of the alleged crime and other evidence can result in an Intent to Deliver charge for any amount of fentanyl. Even possession under one gram of a Penalty Group 1-B drug like fentanyl can result in a third-degree felony charge of Intent to Deliver, according to the Texas Controlled Substances Act.
There are many ways the prosecution may attempt to establish an Intent To Deliver fentanyl charge including the possession of drug paraphernalia, phone calls, text messages, emails, and even large amounts of cash.
Possession of Fentanyl: Frequently Asked Questions
What penalty group is fentanyl in Texas?
Under the Texas Controlled Substances Act, fentanyl is in Penalty Group 1-B.
How many grams of fentanyl is a felony in Texas?
Possessing any amount of Fentanyl is a felony in Texas. Even less than one gram is a state jail felony.
Do first-time drug offenders go to jail in Texas?
That depends on the drug in question and the outcome of the case.
For fentanyl possession specifically, it is possible to go to jail even if you have no prior criminal record. Even being found “guilty” of possessing less than one gram of fentanyl is a state jail felony, for which the penalty is a sentence of 180 days up to 2 years.
That’s why it’s so important to hire an experienced fentanyl charge defense attorney to represent you. A conviction for felony drug possession can have lifelong consequences, like limiting your career opportunities, where you can rent a home, and making you ineligible to receive SNAP and TANF benefits.
Contact a Fentanyl Crime Lawyer in Plano, TX
If you’ve been charged with fentanyl possession — or even suspect you are under investigation — there is no time to waste. While the prosecution is busy building their case against you, you need someone building a strong defense strategy for you.
Attorney Kent Starr regularly achieves dismissals, reduced charges, and not guilty verdicts — just look at his client reviews. While each case is unique, those repeated outcomes don’t come from him doing the absolute bare minimum for his clients.
As you read through client reviews, you’ll notice that Attorney Starr often handles cases for a year or more — long after other lawyers would have encouraged their clients to accept a less favorable resolution.
Attorney Starr’s goal is the same as yours — a case outcome that has the least impact on you and your future, so you can put the matter behind you and move on.
If you’re already under arrest for fentanyl possession, know that Attorney Kent Starr is a bail bond attorney. He can negotiate the terms of your release and immediately start representation. Call Starr Law, P.C. today at (214) 982-1408.
References
Texas Controlled Substances Act
Texas Penal Code, Chapter 12. Punishments
