Fentanyl Laws in California
With the enactment of a new law, the severity of penalties for distributing fentanyl has significantly increased, reflecting the gravity of the rising overdose deaths.
This law increases the penalty for selling or distributing more than one kilogram of fentanyl by an automatic addition of three years to the original sentence.
The penalties continue to increase with weight, with a maximum of an additional 25 years for trafficking in weights exceeding 80 kilograms. Now, fentanyl is the most common drug causing fatal overdoses in California.
The Senate's unanimous approval of AB 701 in September 2023, followed by Governor Gavin Newsom's signing in October, marked a significant step in the fight against fentanyl. This bill was part of a series of legislative measures aimed at addressing the fentanyl crisis.
Fentanyl is a synthetic opioid that can be fatal in small doses when taken on its own. Heroin and cocaine dealers have also sometimes laced products with fentanyl, which is cheaper than either drug, leading to accidental overdoses by anyone who unwittingly ingests it.
California Health and Safety Code 11351 is the statute used by the district attorney to charge someone with selling fentanyl.
It is often mistaken for oxycodone, and therefore, it is being used as a substitute instead of oxycodone. Sometimes, the drug dealers who are selling it can't even tell the difference between oxy and fentanyl. It's a synthetic drug, much more potent than oxy.
Depending on the amount of drugs someone has will typically determine whether the case will go federal or be prosecuted at the state level.
Law enforcement often relies on confidential informants to gather crucial information to obtain a search warrant or track a suspect. A lot of times, a hand-to-hand drug transaction is either recorded, or the authorities are there to give the drugs, get the money, and arrest the person responsible for it.
Fentanyl - Quick Facts
- Fentanyl has been the main reason for a significant increase in drug overdose deaths in the United States.
- Fentanyl is the most common drug causing fatal overdoses in California.
- Considering the surge of fentanyl-related deaths in California, state legislators passed additional legislation to stiffen the penalties for fentanyl-related crimes to curb the trafficking of it.
- Assembly Bill 701 allows the penalties for fentanyl trafficking to mirror those of Schedule I drugs such as heroin and cocaine.
- Due to Fentanyl's widespread availability, it's a severe public health concern.
What is Fentanyl?
Fentanyl is a synthetic opioid known for its potency, which is about 50 times stronger than heroin and 100 times more potent than morphine.
As a pharmaceutical drug, it's approved for medical use to manage severe pain, often in people who have developed resistance to other opioids.
Due to its high potential for abuse and addiction, fentanyl is classified as a Schedule II controlled substance under the Controlled Substances Act by the U.S. Drug Enforcement Administration.
This classification means that while fentanyl has a recognized medical use, it also carries a high risk of harm, including psychological or physical dependence. Notably, because of its potency, the risk of overdose from fentanyl is exceptionally high.
The street names include China Girl, China Town, Dance Fever, Friend, Goodfellas, Great Bear, He-Man, Jackpot, King Ivory, Murder 8, Poison and Tango & Cash.
Fentanyl can be consumed by snorting, smoking, orally by pill, spiked onto paper or patches, and sold alone or in combination with heroin and other substances. Fentanyl has been identified in fake pills, mimicking pharmaceutical drugs such as oxycodone.
Fentanyl produces effects such as euphoria, pain relief, relaxation, confusion, drowsiness, dizziness, nausea, vomiting, pupil constriction, and respiratory depression.
A fentanyl overdose can lead to a range of severe symptoms, including stupor, changes in pupil size, clammy skin, cyanosis, coma, and respiratory failure. These can be life-threatening and require immediate medical attention.
What are the Penalties for Selling Fentanyl?
Judges can now impose enhanced prison terms and fines in situations where the defendant was aware of the dangers of the drug when committing the offense.
As noted above, California has enacted new strict laws imposing severe penalties for the possession or sale of fentanyl.
For example, lawmakers passed legislation that substantially increased penalties beginning in 2024. If you're convicted of a fentanyl-related crime, you could face significant fines and prison time, such as:
- The penalty for selling or distributing more than one kilogram of fentanyl automatically adds three years to the original prison sentence.
- The penalties will continue to increase by weight. There is an additional 25 years in prison for trafficking in weights exceeding 80 kilograms.
Is There Any Additional Sentencing?
Yes. Health and Safety Code 11370.4 HS says a judge can now impose additional sentences for the sale or transportation of fentanyl where the defendant "knew of the substance" nature and character as a controlled substance.
The length of the additional sentence will depend on the quantity of the drug involved, such as the following:
- Three years additional prison time for quantities greater than 1 kg.
- Up to 25 additional years in prison for quantities exceeding 80 kg.
Are there Any Additional Fines?
Yes. Health and Safety Code 11372 HS allows a judge to impose significantly higher fines for the possession, sale, or trafficking of fentanyl, such as $20,000 per offense.
Additionally, suppose the defendant knew the nature of the drug and qualified for enhanced sentencing under HSC 11370.4. In that case, the judge can also impose additional fines based on the quantity of the drug involved, such as the following:
- A maximum of $1 million for quantities greater than 1kg.
- Up to $8 million for quantities exceeding 10 kg.
What Are Common Crimes Charged Related to Fentanyl?
Under various California laws, it is illegal to possess, transport, or sell fentanyl. Each law has harsh penalties if convicted. Below are some of the most common criminal charges related to the fentanyl:
- Health and Safety Code 11350 HS - Drug Possession. This law makes it illegal to possess fentanyl in any amount. Even if a doctor prescribes it to you, the physician will administer it in a clinic. If convicted of this misdemeanor, you face up to one year in county jail. If a judge grants probation, there is a minimum fine of $1,000 for first-time offenders and at least $2,000 for subsequent offenses.
- Health and Safety Code 11351 HS - Drug Possession for Sale. If police discover a larger amount of fentanyl in your possession or suspicious packing supplies, the district attorney might charge you with possession of fentanyl with intent to sell it. This is a more severe charge than simple possession and is always charged as a felony. You could face two, three, or four years in state prison if convicted.
- Health and Safety Code 11352 HS - Drug Transportation or Sale. This law makes it a severe felony to sell, furnish, administer, give away, transport, or import fentanyl into California, known as trafficking. A conviction under this law results in three, four, or five years in prison. If the drug is transported across more than two counties, the penalty increases to three, six, or nine years in prison.
If you are accused of a drug crime involving fentanyl, contact our California criminal defense lawyers for a free case review. Cron, Israels & Stark is based in Los Angeles, CA.
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