Get Your FREE Copy of the Book by Stephen Hamilton
EXPOSING THE TRUTHSecrets of the Texas Criminal Justice System and Your Rights
Fentanyl is a synthetic opioid manufactured by pharmaceutical companies in the United States and abroad. Originally marketed as Sublimaze, it is now dispensed under a variety of trade names, including Duragesic®, Fentora®, and Actiq®. Fentanyl is used as a substitute for morphine to manage pain experienced by cancer patients and other chronic pain sufferers.
In addition, analogs of Fentanyl (which tend to be more potent) are used as an anesthetic during certain surgical procedures. A particularly potent analog is used by veterinarians to immobilize elephants and other large animals.
Legitimate users of Fentanyl commonly ingest it by wearing a patch that permits a controlled dose to be absorbed through the skin. It is also marketed in the form of lozenges and tablets. It is less commonly sold in an injectable form. Because Fentanyl has legitimate medical uses but is perceived as dangerous and subject to serious abuse, it is classified as a Schedule II controlled substance.
Although it is sometimes manufactured in clandestine laboratories, the precursor chemicals needed to produce the drug are regulated and not easy to obtain. Most Fentanyl that is sold illegally has been stolen from pharmacies, stolen or purchased from patients who obtain it with a prescription, or obtained with forged prescriptions. Used patches are harvested for any remaining drug content.
It is typically ingested by injecting or swallowing the gel content that is removed from patches. Patches are also frozen and the gel content is then cut into pieces that are placed under the tongue, permitting oral absorption of the drug.
A federal sentence for distributing (or possessing with intent to distribute) a mixture or substance containing Fentanyl, or for a conspiracy to distribute Fentanyl, depends initially upon whether the drug that was possessed or distributed has the chemical composition of Fentanyl or is an analog.
The sentence applicable to most drug crimes involving Fentanyl depends upon the weight of the mixture or substance containing the drug, whether the defendant has a prior drug conviction under state or federal law, and whether a serious injury or death resulted from use of the distributed drug. Offenses involving larger quantities require the court to impose a mandatory minimum sentence.
The sentence applicable to most crimes involving a Fentanyl analog depends upon the weight of the mixture or substance containing the drug, whether the defendant has a prior drug conviction under state or federal law, and whether a serious injury or death resulted from use of the distributed drug. Offenses involving larger quantities require the court to impose a mandatory minimum sentence.
The maximum penalties described above may increase substantially and different mandatory minimum penalties may apply if:
In addition to a potential prison sentence, fines and costs can be imposed, as well as a term of supervised release.
Simple possession is the term used to describe possession of a drug for personal use, not with the intent to distribute the drug to others. The range of sentences available for simple possession of Fentanyl depends upon whether the defendant has a prior conviction for a drug offense under state or federal law.
If federal authorities have arrested or prosecuted you for a crime involving Fentanyl. In conclusion, contact Texas Criminal Defense Group to gain a team of experienced lawyers on your side.
© 2024 Texas Criminal Defense Group. All Rights Reserved. | Privacy Policy
