In recent years, law enforcement officers, court authorities, and state legislators have all gone to great lengths to crack down on the sale, distribution, and trafficking of fentanyl. Because of that, criminal charges for distributing or selling fentanyl carry some of the harshest penalties allowed for drug distribution charges of any kind. Selling a certain amount of fentanyl—or selling it in certain ways or certain people—can be punishable by decades in prison, mandatory minimum sentences, and hundreds of thousands of dollars in fines.
Fortunately, you have help available from an Orlando fentanyl distribution lawyer when it comes to challenging an accusation like this. You deserve to have your rights enforced and your best interests protected throughout every stage of your legal proceedings. A local drug defense attorney could be the voice you need to beat these charges.
Fentanyl is classified under Florida Statutes § 893.03(2)(b) as a Schedule II drug, meaning that it has some severely restricted medical uses but also has a high potential to cause chemical addiction and dangerous abuse. Possession of any amount of a Schedule II substance for personal use is categorized as a Class 3 felony, meaning a person convicted of that offense may face up to five years in prison plus a maximum $5,000 fine.
Importantly, possession of larger amounts of fentanyl may be seen as evidence of “possession with intent to distribute.” The same is true for the presence of items assumed to be related to the drug trade like scales, individual packaging for fentanyl products, and large amounts of cash. Anyone found in possession of any amount of fentanyl with intent to sell it, or who is found to have actually sold, delivered, manufactured, or otherwise distributed a product containing fentanyl, may be prosecuted for a second-degree felony under FL Stat. § 893.13(1)(a)(1).
Finally, anyone found in actual or constructive possession of over four grams of fentanyl, or who knowingly sells, makes, or delivers such an amount, may be charged with fentanyl trafficking under FL Stat. §n893.135(1)(c)(4). This is a first-degree felony carrying mandatory minimum prison terms. As an Orlando fentanyl distribution attorney could further explain, selling or marketing fentanyl to children can even be punishable by life imprisonment under certain circumstances.
In order to establish “constructive possession” of fentanyl if the substance is found in a place multiple people had access to, the prosecution must establish the defendant knew of the fentanyl’s presence and had “dominion and control” over it. Accordingly, it can be an effective defense to fentanyl distribution charges by establishing the defendant was not aware of the fentanyl, did not have direct control of it, or had no intent of selling or distributing it.
Other possible strategies may include:
A conversation with a lawyer could provide much-needed clarity about the best approach for a specific fentanyl distribution case in Orlando.
Being accused of selling or distributing fentanyl can be a life-altering experience whether you have an existing criminal record or not. If you want a fair shot at achieving a favorable outcome from this case, you will need to work closely with a trustworthy criminal defense lawyer.
An Orlando fentanyl distribution lawyer could provide the assistance you need to obtain the ideal case resolution. Learn more by calling Umansky Law today.
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