Understanding Fentanyl Drug Charges in Indiana

In recent years, deaths connected to the use and abuse of fentanyl have risen across the country. Indeed, according to the US Drug Enforcement Administration (DEA), fentanyl overdose and other synthetic opioid deaths rose by more than 55 percent between 2020 and 2021, and that number remains extremely high. The DEA reports that fentanyl and related substances have likely been the “primary driver of the increase in total drug overdose deaths” in the United States over the last five years.

Given the seriousness of fentanyl and its links to so many overdose deaths, drug crime enforcement related to fentanyl possession, manufacture, distribution and dealing, and trafficking have also become more important, which has resulted in more fentanyl-related charges. What do you need to know if you are facing fentanyl-related drug charges in Indiana? Our aggressive Indianapolis drug crime defense lawyers can tell you more about this drug and related charges, and your options for building a strong defense against the charges you are facing.

What is Fentanyl? 

What is fentanyl? According to the National Institute on Drug Abuse, fentanyl is “a powerful synthetic opioid that is similar to morphine but is 50 to 100 times more potent.” The National Institute on Drug Abuse also explains that fentanyl is a prescription drug that can be both made and used legally with a valid prescription, and it is often prescribed to patients to help with pain.

At the same time, fentanyl can also be made and used illegally, in which case it can be manufactured and sold as “a powder, dropped onto blotter paper, put in eye droppers and nasal sprays, or made into pills that look like other prescription opioids.” It can also be added to or mixed with other drugs like methamphetamine, MDMA, heroin, and cocaine, which can make a fentanyl overdose more likely.

Fentanyl Drug Offenses Under Indiana Law

Under IC 35-48-2-6, fentanyl is a schedule II controlled substance, and it is unlawful to possess (without a prescription) a schedule II drug or to manufacture, deliver, finance the manufacture or delivery of, or possess with intent to deliver fentanyl or any fentanyl containing substance or fentanyl related substance.

The penalties for any of the above convictions can be severe, and the specific penalties will depend on the specific offense, the amount of fentanyl, and whether there are any enhancing circumstances. Even possession of a relatively small amount of fentanyl without a prescription can result in a felony conviction and up to 2.5 years in prison. The possession with intent to deliver or distribute, or the manufacture or delivery of fentanyl can result in a more severe felony conviction with a lengthy prison sentence.

Contact a Drug Crimes Defense Lawyer for Assistance with Your Case Today 

If you are facing any drug charges related to the possession, manufacture, or sale of fentanyl or a substance containing fentanyl, it is critical to know that the prosecution will do everything it can to obtain a conviction. Accordingly, it is essential to work with an attorney to determine the best possible defense strategy to help you avoid a conviction. One of the experienced Indianapolis drug crimes defense attorneys at Rigney Law LLC can speak with you today to learn more about the details of your arrest and the specific charges you are facing, and to begin tailoring a defense strategy to the particular facts of your case. Contact us to begin working on your defense today.

Sources: 

dea.gov/resources/facts-about-fentanyl

nida.nih.gov/publications/drugfacts/fentanyl

law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-1/