What is the New Fentanyl Law in CA?
Due to the recent rise in fentanyl-related fatalities, concerns about the drug have grown substantially. Fentanyl has significantly contributed to the surge in overdose deaths across the United States, including California, where it now leads as the primary cause of overdose-related fatalities.
Fentanyl is a synthetic opioid that can be deadly even in small amounts when used alone. Drug dealers often mix it into heroin and cocaine because it is cheaper.
This practice has caused a significant rise in accidental overdoses among users who are unaware they are taking fentanyl. In California, fentanyl is the leading cause of fatal overdoses.
Fentanyl's high potency and easy access pose serious public health risks. Therefore, California has implemented strict laws with heavy penalties for possession and sale.
Legislation recently passed could further increase these penalties starting in 2024. Convictions for fentanyl-related crimes may result in heavy fines and prison sentences.
Key Takeaways
- The new law raises the penalty for selling or distributing over one kilogram of fentanyl by automatically extending the original prison sentence by three years.
- Penalties will keep rising with weight. For instance, trafficking over 80 kilograms results in an extra 25 years in prison.
- Critics of the new law argue that the possibility of harsh prison sentences may discourage some individuals from helping an overdose victim by calling emergency services.
What Exactly is Fentanyl?
Fentanyl is a synthetic opioid known for its high potency, being about 50 times stronger than heroin and 100 times more powerful than morphine. It is approved as a pharmaceutical for treating severe pain, especially in patients who have become resistant to other opioids.
Fentanyl is classified as a Schedule II controlled substance under the U.S. Drug Enforcement Administration's Controlled Substances Act.
This classification recognizes its medical usefulness but also highlights its high potential for abuse, addiction, and overdose. Due to its extreme potency, the danger of overdose is especially significant.
The street names are Apace, China Girl, China Town, Dance Fever, Friend, Goodfellas, Great Bear, He-Man, Jackpot, King Ivory, Murder 8, Poison, and Tango & Cash.
Fentanyl is used in various ways, including snorting, smoking, taking orally as a pill, or applying it to blotter paper or patches. It is sold alone or mixed with heroin and other substances. Additionally, fentanyl has been found in counterfeit pills designed to imitate pharmaceutical drugs like oxycodone.
What are the Side Effects?
Fentanyl produces effects such as:
- euphoria,
- pain relief,
- sedation,
- relaxation,
- confusion,
- drowsiness,
- dizziness,
- nausea,
- vomiting,
- urinary retention,
- pupil constriction,
- respiratory depression.
A fentanyl overdose can result in stupor, pupil size changes, clammy skin, cyanosis, coma, and respiratory failure, which may lead to death.
What Are the Typical Crimes Associated with Fentanyl Charges?
California law prohibits possessing, transporting, or selling fentanyl and enforces strong penalties for these offenses. Here are three of the most common criminal charges associated with the drug.
Drug Possession - Health and Safety Code 11350 HS: Under Health and Safety Code 11350 HS, possessing fentanyl in any quantity is illegal. Even with a doctor's prescription, it must be administered in a clinic by a healthcare professional. A conviction for this misdemeanor can result in up to one year of county jail. If probation is granted instead, it will include a minimum fine of $1,000 for first-time offenders and at least $2,000 for repeat offenders.
Drug Possession for Sale - Health and Safety Code 11351 HS: If law enforcement finds a larger quantity of fentanyl or suspicious items like packing supplies in your possession, prosecutors might charge you with possession with intent to sell (Health and Safety Code 11351 HSC). This charge is more serious than simple possession and is always deemed a felony. A conviction could result in a prison sentence of 2, 3, or 4 years.
Drug Transportation or Sale - Health and Safety Code 11352 HS: Under Health and Safety Code 11352 HS, it is a severe felony to sell, furnish, administer, give away, transport, or import fentanyl into California, known as "trafficking."Conviction under this law results in a sentence of 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.
Changes to California Assembly Bill 701
Due to the recent increase in fentanyl-related deaths in California, state lawmakers have enacted new laws to toughen penalties for fentanyl crimes, including provisions that consider whether the defendant knew about the drug's nature.
These changes aim to deter trafficking while also raising questions about cases involving unintentional possession or lack of awareness, which are important for public understanding.
Signed into law by Governor Newsom in October 2023, Assembly Bill 701 aligns fentanyl trafficking penalties with those for Schedule I drugs like heroin and cocaine, making the legal landscape clearer and more stringent for offenders.
Additional Sentencing
Under Health and Safety Code 11370.4 HC, a judge can now impose extra sentences for selling or transporting fentanyl if the defendant "knew of the substances' nature and character as a controlled substance."
The severity of the additional sentence varies based on the amount of the drug involved.
- Three additional years of prison for quantities exceeding 1 kg and
- Up to 25 more years in prison for amounts over 80 kg.
Additional Fines
Health and Safety Code 11372 HS now permits judges to impose substantially higher fines of $20,000 per offense for the possession, sale, or trafficking of fentanyl.
Furthermore, if the defendant was aware of the drug's nature and qualifies for enhanced sentencing under HSC 11370.4, the judge may also impose additional fines based on the amount of the drug involved.
- A maximum of $1 million for amounts exceeding 1kg
- Up to $8 million for amounts over 10 kg.
If you're facing a drug crime involving fentanyl, reach out to our California criminal defense attorneys for a case review. The Hedding Law Firm operates offices in Los Angeles, CA.
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