State and federal fentanyl offenses: What to know

On Behalf of | May 17, 2022 | Drug Charges |

Fentanyl is a drug that has many useful features. It can almost immediately wipe out pain following a surgery and has excellent results when even very small amounts are used.

Unfortunately, fentanyl is an opioid that has a high risk of being abused. Sometimes, it is mixed with heroin, which creates a fentanyl analogue that has a high potential for causing overdoses.

Anyone who is caught with or is caught selling fentanyl can face serious repercussions. Depending on what they were doing with the drug and where they were, they could face state, federal or both state and federal charges.

State penalties typically occur when the drug is contained within the state. However, if someone receives fentanyl in the mail or takes it across state lines, then federal charges are more likely to be pressed.

State penalties for selling fentanyl

In Tennessee, you could face a minimum of eight years in prison for selling a fentanyl analogue in the amount of .5 grams or more. The maximum sentence is 30 years. You could also be fined up to $100,000. This is a Class B felony.

You could also face a Class A felony if you have more than 10 grams of the drug for sale in your possession.

Federal penalties for selling fentanyl

The federal government tends to have more significant penalties for drug crimes than the states. Depending on the mixture of drugs you’re selling, you could face anywhere from five years in prison up to 40 for a first offense.

If you sell a fentanyl analogue and are charged at the federal level, the penalties are similar for amounts between 10 and 99 gms. For more than this, the penalties rise to no less than 10 years in prison (but no more than life) for a first offense. Fines can be anywhere from nothing up to $4 million.

You need support if you’re accused of possessing fentanyl

Whether you’re accused of selling or possessing fentanyl, you need to get to know your rights. There are many factors that may influence the penalties that you could face, so you need to learn more about them to determine the best way to defend yourself.


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