Drug Crimes for Fentanyl

According to the National Institute on Drug Abuse, “Fentanyl is a powerful synthetic opioid… similar to morphine but is 50 to 100 times more potent. It is a prescription drug that is also used and made illegally.” Because so many accidental drug overdoses involve synthetic opioids, including fentanyl, law enforcement has shifted its focus to crimes involving fentanyl.

In fact, on May 20, 2024, Attorney General Ashley Moody commended law enforcement efforts as Florida leads the nation in fentanyl seizures. Lab testing revealed that nearly 7 out of every 10 pills with fentanyl
contain a potentially lethal dose.

The Florida Legislature recently passed new legislation that provides enhanced penalties for offenses related to fentanyl or fentanyl derivatives. Fentanyl and related substances, including alfentanil, carfentanil, and sufentanil, are classified as Schedule (2)(b) controlled substances. Under Section 893.13, F.S., crimes involving fentanyl and other Schedule (2)(b) controlled substances include:

• possessing less than 10 grams (a third degree felony);
• distributing fentanyl, except through an authorized order form (a third degree felony);
• possessing 10 grams or more of the substance (a first degree felony);
• bringing or importing the substance into Florida (a second degree felony);
• purchasing or possessing the substance with intent to purchase (a second degree felony);
• selling, manufacturing, or delivering the substance, or possessing the substance with intent to sell, manufacture, or deliver (a second degree felony); and
• trafficking in fentanyl (a first degree felony).

Attorney for Fentanyl Crimes in Florida

If you were charged with a crime involving the possession of fentanyl, then contact an experienced attorney at Sammis Law Firm. We can help you fight the charges aggressively. During the initial consultation, we can discuss the pending charges, the typical penalties, and the best ways to avoid those penalties.

Law enforcement officers, prosecutors, and judges treat any crime involving fentanyl differently from other controlled substances. You need an attorney to help you resolve your pending charges with the best possible result. Let us put our experience to work for you.

Call 813-250-0500.

Penalties in Florida for Fentanyl Crimes

The minimum and maximum punishments for unlawfully possessing a controlled substance depend on several factors, including the type and amount of the controlled substance possessed and whether a person possessed such substance with the intent to sell or deliver the substance to another person.

For the possession of less than four grams of fentanyl, the crime is charged as a third degree felony. The penalty for selling fentanyl depends on several factors, including the amount of fentanyl sold and the location where the sale takes place. Proof that the person possessed less than four grams of fentanyl with the intent to sell, manufacture, or deliver such fentanyl, the crime is charged as a second degree felony.

Generally, the sale of fentanyl is punishable as either a second degree felony. Selling, manufacturing, delivering, or possessing fentanyl, carfentanil, or an analog or mixture of such substances with the intent to sell, manufacture, or deliver it is punishable as a second degree felony.

The crime is charged as a first degree felony for trafficking in dangerous fentanyl or fentanyl analogs if the person unlawfully possesses fentanyl, alfentanil, carfentanil, sufentanil, or other fentanyl derivatives or analogs and the weight is four grams or more. A person convicted of trafficking in dangerous fentanyl and fentanyl analogues is subject to mandatory minimum sentences and enhanced fines that vary depending on the amount of fentanyl possessed.

The following penalties apply depending on the quantity of fentanyl involved in the drug trafficking violation:

• four (4) grams or more, but less than fourteen (14) grams has a mandatory minimum term of imprisonment of seven (7) years and a fine of $50,000;
• fourteen (14) grams or more, but less than twenty-eigth (28) grams has a mandatory minimum term of imprisonment of twenty (20) years and a fine of $100,000; and
• twenty-eight (28) grams or more has a mandatory minimum term of imprisonment of twenty-five (25) years and a $500,000 fine.

Effective October 1, 2023, CS/CS/HB 1359, created a new offense under Florida law, punishable as a first degree felony and subject to minimum mandatory term of imprisonment of three (3) years, if a person sells, manufactures, or delivers, or possesses with the intent to sell, manufacture, or deliver, specified fentanyl or fentanyl derivatives if the fentanyl or derivative is in a form that resembles, or is mixed, granulated, absorbed, spray-dried, aerosolized, as or onto, coated on in whole or in part, or solubilized with or into, a product, if the product or its packaging further has at least one of the following attributes:

• contains a cartoon character imprint;
• resembles candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product;
• incorporates an actual or fake registered copyright, service mark, or trademark; or
• resembles the trade dress of a branded food product, consumer food product, or logo food product.

The Florida Legislature also amended Section 893.135, F.S., to require a mandatory minimum term of not less than 25 years and not exceeding life imprisonment and a $1,000,000 fine if a person 18 years of age or older is convicted of trafficking in dangerous fentanyl or fentanyl analogs by knowingly selling or delivering to a minor at least four grams of fentanyl or a fentanyl analog if such substance or a mixture containing such a substance has the attributes listed above.

The new legislature followed reports by law enforcement agencies that more fentanyl-laced products are brightly colored and often resemble candy, popularly known as “rainbow fentanyl.” Additionally, the DEA reported that drug cartels are manufacturing rainbow fentanyl in an effort to target children and young adults.

In 2023, the Legislature enacted s. 893.131, F.S., which prohibits a person 18 years of age or older from distributing heroin, alfentanil, carfentanil, fentanyl, sufentanil, fentanyl derivatives, or an analog or mixture containing such substances, when such substances cause or are a substantial factor in causing an overdose or serious bodily injury to the user. A person commits a violation regardless of whether the distribution is made directly or indirectly through another person to the person who overdosed or suffered serious bodily injury. A violation is punishable as a second degree felony. A second or subsequent conviction is punishable as a first degree felony.

Read more about crimes for trafficking in fentanyl.

Nitazenes Crimes in Florida

In April 2022, Attorney General Ashley Moody filed an emergency rule to add eight (8) synthetic opioids to the Schedule I of controlled substances in Florida. These newly added drugs are categorized as “nitazenes,” which have no medical use and can cause adverse health effects, including overdose deaths. Some types of nitazenes are more potent than fentanyl. These synthetic opioids include:

• METONITAZENE – Equipotent to fentanyl
• FLUNITAZENE – 100x less potent than fentanyl
• METODESNITAZENE – 100x less potent than fentanyl
• BUTONITAZENE – 20x less potent than fentanyl
• PROTONITAZENE – 2x more potent than fentanyl
• ISOTONITAZENE – 5x more potent than fentanyl
• ETODESNITAZENE – Up to 10x more potent than fentanyl
• N-PYRROLIDINO ETONITAZENE – 10x more potent than fentanyl

Nitazenes are sold as powders, liquids, and counterfeit prescription pills. In 2002, forensic crime labs in Florida first began identifying cases of nitazenes. At least 268 such cases have been identified, but the number of times nitazenes were not identified is probably much higher.

Additional Resources

Facts on Fentanyl Crimes in Florida –  Visit the website of the Office of the Florida Attorney General, Ashley Moody, to learn more about law enforcement efforts to arrest people for possession and trafficking fentanyl. Learn why criminal drug networks are producing fake pills and selling them online. Learn more about synthetic opioids classified as “nitazenes.”

This article was last updated on Tuesday, December 31, 2024.