Possession of Fentanyl

Fentanyl is a powerful synthetic opioid, which puts the drug at the center of the nation’s ongoing opioid crisis. With its high potential for addiction and the significant risk of overdose, Arizona law enforcement takes fentanyl-related crimes very seriously. Being charged with possession of fentanyl or related offenses carries severe penalties and life-altering consequences. At the Law Office of James E. Novak, we are here to provide a strong defense, protect your rights, and help you defend against the government’s accusations.

Fentanyl is a synthetic opioid used medically for pain management, often prescribed for severe or chronic pain. However, illegal fentanyl, often manufactured in clandestine labs, has become a leading cause of drug-related deaths. Even a small amount can be deadly, leading law enforcement to treat any fentanyl-related offense with increased scrutiny.

Arizona law under A.R.S. § 13-3407 covers a wide range of drug crimes involving dangerous drugs, including fentanyl. The most common offenses include:

• Possession for personal use: Having fentanyl in your possession without a valid prescription is a crime. Even small amounts can result in felony charges.
• Possession with intent to distribute: If law enforcement finds large quantities of fentanyl or other evidence such as scales, packaging materials, or large amounts of cash, they may charge you with intent to distribute.
• Trafficking: Transporting fentanyl across state lines or within Arizona can result in trafficking charges, one of the most serious drug offenses.
• Manufacturing: Producing fentanyl, whether in large-scale operations or small clandestine labs, is treated as a severe offense.
• Sale or distribution: Selling or distributing fentanyl is treated harshly, particularly if the drug is sold near schools, parks, or to minors.

Each of these charges carries significant penalties, with harsher consequences for offenses involving larger quantities or endangerment of others.

Fentanyl’s extreme potency and its role in overdose deaths have made it a primary focus for Arizona law enforcement and prosecutors. Just two milligrams of fentanyl—an amount smaller than a grain of salt—can be lethal, leading to heightened efforts to combat its distribution and use.

Prosecutors often pursue maximum penalties for fentanyl-related offenses due to the public health risks. In some cases, those involved in selling or distributing fentanyl that results in death may face additional charges, including homicide charges. These heightened stakes make it critical to have an experienced attorney if you are charged with any fentanyl-related crime.

Possession of fentanyl for personal use is classified as a class 4 felony under Arizona law. However, the specific penalties depend on the amount of fentanyl involved, prior convictions, and the nature of the offense. Possible punishments include:

• Prison time: Sentences can range from one year for first-time possession to decades for trafficking or distribution.
• Fines: Convictions can result in fines of up to $150,000, excluding additional surcharges.
• Probation: First-time offenders may be eligible for probation or drug diversion programs instead of prison, depending on the circumstances.
• Driver’s license suspension: Convictions may lead to the suspension of your driver’s license.
• Collateral consequences: A felony conviction can result in loss of civil rights, such as voting or owning firearms, and difficulties securing employment, housing, or professional licenses.

For larger quantities of fentanyl or charges involving distribution or trafficking, penalties can escalate to mandatory minimum prison sentences.

If you are charged with possession of fentanyl or a related offense, it’s essential to remember that being accused does not equal guilt. A skilled Phoenix drug crimes attorney can develop a defense tailored to the unique facts of your case. Common defenses include:

• Unlawful search and seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search or seizure, the evidence obtained may be inadmissible in court.
• Lack of knowledge: Prosecutors must prove that you knowingly possessed fentanyl. If you were unaware of its presence, this may provide a valid defense.
• Lack of possession: Simply being near fentanyl does not mean you possessed it. Your attorney can argue that the drugs were not under your control or ownership.
• Entrapment: If law enforcement induced you to commit a fentanyl-related offense that you would not have otherwise committed, this could be a defense.
• Diversion programs: Arizona offers some first-time offenders the opportunity to complete a drug treatment program in exchange for reduced charges or dismissal.

Every case is unique, and your defense strategy should be built around the specifics of your situation.

If you or a loved one is facing fentanyl charges in Arizona, don’t wait to get help. Contact the Law Office of James E. Novak for a free consultation. Call us at 480-413-1499 or reach out through our secure online contact form to discuss your case and begin building a strong defense. Together, we can fight for your future.