Fentanyl is a schedule II controlled substance with analgesic properties. It is a synthetic opioid that is 50 times more potent than heroin and 50- 100 times stronger than morphine. The potency of this drug makes it incredibly lethal, even when just a few micrograms are used. Fentanyl isn’t a drug to be possessed ordinarily or used for pleasure, therefore, anyone caught with it, no matter the quantity, is charged for fentanyl crime.
Fentanyl is a prescription drug to be used in the hospital by health care professionals in cases of extreme pain. It is used to treat pain in patients who are tolerant to opioids. Fentanyl in prescription form is known by such brand names as Actiq, Duragesic, and Sublimaz. On the streets, fentanyl is called names including Apache, Dance Fever, China White, Friend, TNT, and Gray Death for Fentanyl laced heroin.
Law Enforcement keeps warning about this substance, especially the Fentanyl laced heroin (Gray Death). This substance is not safe for use as it is completely dangerous to the body system. Any form of administration should only be performed by a physician in cases of extreme pain.
Is Fentanyl Legal in Jefferson Parish?
No, Fentanyl is not legal in Jefferson Parish. It belongs to the Schedule II classification of controlled substances, which makes it a prescription drug that can only be possessed with a valid prescription. However, people who misuse Fentanyl obtain it from illegal trafficking since they have no prescription to make a legal purchase.
Anyone caught with Fentanyl in the cities of Jefferson Parish will be convicted and made to face serious legal consequences.
What Are The Crimes Associated With Fentanyl?
The rate of Fentanyl crime is growing among college and high school students who buy illicit substances. Crimes associated with Fentanyl include the following;
1. Possession of Fentanyl
Possessing fentanyl under your control without a valid prescription is illegal and can attract a criminal charge in Jefferson Parish. Fentanyl is only meant for medical use in extreme conditions, not as a recreation drug, therefore, it is illegal to possess any quantity of Fentanyl without an appropriate prescription.
2. Self-Administration of Fentanyl
Fentanyl may be a prescription drug but you are by no way allowed to self-administer it. Fentanyl is a highly powerful synthetic opiate and its abuse can lead to death. Anyone found using or self-administering fentanyl is charged for a criminal offense. To be guilty of self-administration crime, the prosecution must prove beyond a reasonable doubt that the substance administered is Fentanyl. The prosecution must also prove that the defendant administered or attempted to administer Fentanyl to himself.
3. Administration of Fentanyl to another person
If you are not a physician/healthcare professional, you have no business administering Fentanyl to anyone. Fentanyl is a dangerous substance that can easily cause death. You may be unlucky to get someone killed while trying to administer it. This can cause you to be charged with even more grievous crimes. Therefore, anyone who is not a physician caught administering or attempting to administer Fentanyl on another person is charged for a Fentanyl crime.
4. Producing, Manufacturing, Supplying or Distributing Fentanyl
Producing, Distributing, or supplying Fentanyl in Jefferson Parish is a serious criminal offense that attracts severe penalties. The law prohibits anyone from manufacturing or selling this dangerous drug in the cities of Jefferson Parish. Anyone caught in this act has violated the law and will be made to face the consequences of the crime.
How Is Fentanyl Possession Punished?
Jefferson Parish has a strict law against Fentanyl crime, thus, the cases are taken seriously and offenders are punished according to the stipulations of the law. Fentanyl crime can be charged as a misdemeanor or felony, depending on the severity of the crime. The severity of a Fentanyl crime depends on circumstances surrounding the crime, e.g. quantity of Fentanyl the offender is caught with.
Fentanyl crimes are punished as follows;
1. Whoever is found with Fentanyl of aggregate weight less than 2 grams shall be imprisoned for not more than 2 years, made to pay a fine of not more than $5,000.
2. Whoever is found with Fentanyl of an aggregate weight less than 28 grams shall be imprisoned for 1- 10 years, fined an amount not less than $50,000.
3. Whoever is found with Fentanyl of an aggregate weight of 28 grams or more shall be imprisoned for 1- 20 years and made to pay a fine of not more than $50,000.
What Happens If the Offender Has A substance Abuse Disorder?
If a person possesses Fentanyl of an aggregate weight of 28 grams or more without a valid prescription from a physician or healthcare practitioner, he is placed on probation pursuant by the court. Probation allows the defendant to undergo evaluation and treatment for substance abuse disorder.
The court orders the parole and probation division of the Department of Public Safety and Corrections to carry out a presentence investigation. In other cases, the court may order the defendants to get a substance abuse evaluation done to determine if they have a substance abuse disorder.
If the evaluation shows that the defendant has a substance abuse disorder, he is charged on probation and made to participate in the drug treatment program as the condition of his probation. However, if the defendant fails to complete the drug treatment program and the conditions of his probation, the court revokes the probation, and the defendant will face a criminal sentence.
Defense Lawyer For a Fentanyl Charge in Jefferson Parish
You definitely need a lawyer for your Fentanyl case in Jefferson Parish. You may not be able to do anything without a lawyer. A defense lawyer will be your mouthpiece and negotiator, so you must hire a lawyer.
If you have been charged with a Fentanyl crime, you should talk to our criminal defense lawyers at Barkemeyer Law Firm. We know how to handle Fentanyl Cases in Jefferson Parish. We hold your best interest at heart and will fight to ensure you get the best possible outcome on your case.