Fentanyl has become a hot topic in social policy, law enforcement and medicine in recent years. This powerful synthetic opioid is far stronger than traditional opiate drugs, such as morphine and codeine.
It is so potent, in fact, that experts blame fentanyl and similar drugs for the surge in fatal overdoses in Georgia and across the United States. As such, lawmakers adopted new statutes addressing fentanyl in particular and reducing the threshold for a drug trafficking charge.
Under new regulations, it is easier than ever for the state to justify a felony drug trafficking offense against an individual who may have had no intent to sell the drugs in their possession.
What is the new prosecution threshold?
Possessing any amount of illegal fentanyl is a crime. However, once the amount of fentanyl in a person’s possession reaches four grams, they are at risk of a trafficking charge. Four grams is a relatively small amount, but the strength of fentanyl means that four grams of the drug is enough to cause many overdose fatalities.
The law also does not differentiate between pure fentanyl and other drugs contaminated with fentanyl. In some cases, people may have received other drugs and are unaware of the presence of fentanyl in the substances that they possess. Even moderate quantities of other drugs with fentanyl added as an adulterant can also lead to felony charges.
Anyone accused of a serious drug crime needs the support of a criminal defense attorney. Reviewing the circumstances of an arrest, including the amount of the substance allegedly found, with a skilled legal team can help people assess the risk that they face and evaluate options for fighting their charges as successfully as possible.