New Texas Fentanyl Laws Increase Penalties

 Posted on August 21,2024 in Drug Charges

Texas is well-known for its super tough laws regarding drug possession and drug trafficking, and drug charges are common, even for possession of small amounts of an illegal substance. Some of these drugs are penalized more heavily than others.  Fentanyl is one of the most serious drugs, considered a Schedule II drug federally because it has medicinal uses. While fentanyl was a Schedule II drug in Texas, in April 2024, nine specific fentanyl-related drugs were placed under Schedule I.

Fentanyl has become a political issue as well as a serious social issue in Texas and across the nation. In Texas, from August 2022 to August 2023, there were 5,566 drug-related deaths, with 45 percent of those involving fentanyl. On average, five Texans die every day from fentanyl poisoning. The current administration in Washington has been blamed for failing to secure the Southern border and allowing a "flood" of fentanyl into the U.S.

Border officials, however, report that nearly 75 percent of those caught attempting to smuggle fentanyl into the country were U.S. citizens. While Mexican nationals made up the other 25 percent, they were virtually never migrants. While few people are in favor of lax drug laws, many times, these laws are applied much too harshly, sending Texans who made a single mistake to prison for many years. If you should find yourself in such a situation, your best course of action is to speak to a knowledgeable drug charge attorney from Law Offices of Biederman & Burleson P.L.L.C. who can look for flaws in the State’s case and fight for the best outcome possible.

What is Fentanyl, and Why Is It So Deadly?

Fentanyl is a synthetic opioid used to treat extreme pain. While similar to morphine, fentanyl is approximately 50 to 100 times more potent. Keep in mind that prescription fentanyl and synthetic street fentanyl have little in common. Synthetic fentanyl is added to drugs like methamphetamine, cocaine, and heroin and may be sold in nasal spray form, as a powder, made into pills, or dropped onto blotter paper. An amount of fentanyl so tiny it could fit on the tip of a pencil can be deadly.  

What Are the New Texas Homicide Laws in Texas Related to Fentanyl?

On September 1, 2023, a new law in Texas regarding fentanyl was passed. A person who provides fentanyl to another person, who then overdoses, can be charged with murder. Senate Bill 645 also created harsher penalties for fentanyl possession and distribution. The prior penalty for a conviction of possession of four grams of fentanyl was a maximum of 20 years. This offense is now a first-degree felony that carries a sentence of 10 years to life. Possession of less than one gram of fentanyl is now a third-degree felony, punishable by up to 10 years in prison.

 Are There Defenses Available for Possession of Fentanyl?

If you have been charged with possession of less than one gram of fentanyl, the defense strategy used by your attorney will depend on the specific facts and circumstances surrounding your arrest. Your attorney may be able to show that you believed you bought heroin and were unaware the drug was fentanyl.

This would mean that you did not "knowingly" possess fentanyl. If the drug was found in your car or in your home, your attorney may be able to show that it belonged to someone with access to those places, not you. You could have been misidentified as the person who had fentanyl by another person, or the police may have made errors in your arrest. Your civil rights may have been violated, or the police may not have had probable cause for a search of your person, vehicle, or home.

Contact a Collin County, TX Drug Charges Attorney

If you have been charged with a fentanyl offense or any other drug offense, your first step should be to speak to an experienced Fairview, TX drug charges attorney from Law Offices of Biederman & Burleson P.L.L.C.. You do not need to face your drug charges alone. Our highly skilled drug defense lawyers are equipped to protect your rights and assist you in building a quality defense. Contact Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule a free consultation.