Fentanyl: What is it all about?

Why are we hearing so much about Fentanyl in the news?

Fentanyl is a synthetic opioid that is 50 to 100 times more potent than morphine.  The drug binds receptors in the brain that control pain and emotions. It can cause extreme happiness, drowsiness, confusion, sedation, problems breathing, and unconsciousness.  It works quickly and the effects have a short duration.

Because of the potency, fentanyl can be addictive and even those who follow doctor guidelines can develop a dependency. When the brain adapts to the drug, it becomes harder to feel pleasure from anything besides the drug.

Overdose deaths becoming more and more frequent nationwide

Physicians administer fentanyl via injection, a transdermal patch, or lozenges.  Dealers who manufacture fentanyl illegally may sell it as a powder, spiked on blotter paper, mixed with heroin, or in a tablet that may resemble other, less potent, opioids.  Many overdose deaths occur when it is mixed with other drugs such as cocaine and sold without the customer’s knowledge of its presence.

According to Project Opioid, 86 percent of the overdose deaths in Central Florida in 2021 were due to fentanyl.  According to Jim Hall, a retired epidemiologist from Nova Southeastern University: “One snort, one swallow, one shot can kill.”

Some laws surrounding Fentanyl in Florida

In Florida, fentanyl is a Schedule II controlled substance, which means it’s allowed for medicinal purposes with severe restrictions because of its high potential for abuse and addiction.  It falls into the same category as drugs like Vicodin, OxyContin, and Adderall.

The unauthorized possession of fentanyl is a third-degree felony punishable by up to 5 years in prison or 5 years of probation and a $5,000 fine.  A conviction will also result in the suspension of a driver’s license for six months.

The sale, purchase, manufacture, or delivery of fentanyl or a derivative constitutes trafficking, which is a first-degree felony, punishable as follows:

      • 4 grams or more but less than 14 grams:  a mandatory minimum prison term of 3 years and a $50,000 fine

      • l14 grams or more but less than 28 grams:  a mandatory minimum prison term of 15 years and a $100,000 fine

      • l28 grams or more:  a mandatory minimum prison term of 25 years and a $500,000 fine

    The weight is not determined by how much pure fentanyl is in a mixture, but by how much the total mixture containing the fentanyl weighs.  This means that a person may be guilty of trafficking while possessing less than 4 grams or pure fentanyl when the total weight of the mixed substance is more than 4 grams.

    New laws enacted

    On May 19, 2022, the governor of Florida signed a bill to enhance penalties for the sale and distribution of opioids, including fentanyl.  Chapter 2022-129, Laws of Florida, which will take effect on October 1, 2022:

        • Adds methamphetamine to the list of specified controlled substances which, if the substance causes the death of a person, can subject the person who distributed the controlled substance to a conviction for first degree felony murder.

        • Enhances the penalties for the sale of a controlled substance within 1,000 feet of substance abuse treatment facilities.

        • Increases the mandatory minimum sentence for trafficking fentanyl from 3 years to 7 years for 4 to 14 grams, and from 15 to 20 years for 14 to 28 grams. 

      Testing strips available for about one dollar on Amazon can detect whether fentanyl is present in a drug.  However, these strips are illegal in Florida under the laws prohibiting drug paraphernalia.


      Free Consultation

      If you are arrested in Tavares, the surrounding Lake County area, or anywhere else in Central Florida, call Mark Jackson, a drug crimes lawyer with Jackson Defense. He will provide a free consultation with you in his downtown Tavares office or over the phone. He will review your case and develop a game plan. You have rights, let Mark Jackson fight to protect them.

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