State and federal laws prohibit the possession, transfer and manufacturing of various substances. The government classifies drugs on a schedule. Factors including the likelihood of abuse and acknowledged medical uses of different drugs influence the schedule classification of various substances.
Schedule I drugs are the most dangerous. They have no known medical use and a high risk of abuse, addiction or adverse reactions. Fentanyl is a medication developed as a medical pain reliever. It has a Schedule II classification because it can be helpful for patients with intractable, severe pain. However, it has become a focal point for drug task force groups at the state and local levels and a major concern for judges hearing criminal cases.
What has prompted the crackdown on fentanyl in particular?
Fentanyl is strong and easy to manufacture
Fentanyl is a synthetic opioid. It is easier to manufacture than traditional opiates sourced from opium poppies. Fentanyl can help treat those with intractable pain because it is many times stronger than traditional opiates such as morphine and codeine. It is also readily available, while traditional opioids can sometimes be hard to source.
Unfortunately, it has become a social scourge because of how accessible and strong it is. Fentanyl is the underlying cause of a large number of fatal drug overdoses every year. In 2022, the state saw 1,601 fatal overdoses related to fentanyl use. Many of those people may not have intentionally ingested fentanyl.
Law enforcement professionals have found fentanyl in everything from heroin and cocaine to completely unrelated recreational drugs. People may not even know that purchased a drug contaminated with fentanyl and could end up addicted or medically endangered as a result.
Those accused of possessing, manufacturing or transferring fentanyl for any substance contaminated with fentanyl may face particularly harsh penalties from the criminal courts. Lawmakers even adopted a new law in 2024 that allows the state to bring involuntary manslaughter charges in cases where people cause overdose deaths by selling fentanyl or using it to strengthen and dilute other drugs.
Responding appropriately to pending drug charges requires an understanding of state law and the current climate within the courts. Fentanyl offenses often require extra care because of the focus people currently have on this particularly dangerous drug.
