How the FEND Off Fentanyl Act Impacts Defendants’ Rights
The FEND Off Fentanyl Act, signed into law in April 2024, is a significant federal initiative aimed at combating the fentanyl crisis in the United States. Fentanyl, a synthetic opioid that is up to 50 times more potent than heroin, has become a leading cause of drug-related deaths, prompting legislative action to curb its distribution and use. This newest law imposes stricter penalties on those caught with illegal fentanyl, significantly impacting individuals charged with possession or distribution.
For those charged with illegal possession or distribution of fentanyl, the FEND Off Fentanyl Act represents a considerable escalation in legal consequences. The law introduces mandatory minimum sentences for individuals found guilty of possessing or distributing even small amounts of fentanyl. Under this legislation, the threshold for triggering severe penalties is significantly lower than under previous federal laws, reflecting the heightened concern over the drug’s lethality.
The Act also expands the definition of “distribution” to include a broader range of activities, such as the sale of precursor chemicals used to manufacture fentanyl. This means that individuals involved in the fentanyl supply chain, even at the periphery, can now face harsh penalties. Moreover, the law mandates the use of enhanced sentencing guidelines for repeat offenders and those involved in large-scale trafficking operations, including life imprisonment for the most severe cases.
Before the enactment of the FEND Off Fentanyl Act, both federal and state laws in Pennsylvania already imposed strict penalties for fentanyl-related offenses. Under federal law, fentanyl is classified as a Schedule II controlled substance, meaning it has a high potential for abuse and addiction. Possession with intent to distribute fentanyl can lead to lengthy prison sentences, even for first-time offenders. The penalties increase significantly if the offense involves large quantities of the drug or results in death or serious injury.
In Pennsylvania, fentanyl possession and distribution are similarly treated with severe penalties. The state’s Controlled Substance, Drug, Device, and Cosmetic Act outlines specific penalties for fentanyl-related offenses, which include substantial fines and long prison sentences. The law also allows for enhanced penalties for offenses involving large quantities of fentanyl or if the drug is sold to minors. Additionally, Pennsylvania law includes provisions for mandatory minimum sentences, especially in cases where fentanyl is mixed with other drugs, which can exacerbate its already deadly effects.
The FEND Off Fentanyl Act increases the level of legal jeopardy, making it all the more imperative to retain an attorney familiar with fentanyl-related crimes. The law’s lower thresholds for mandatory minimum sentences mean that individuals who might have previously faced lesser charges under state law could now be subject to federal prosecution with significantly harsher consequences. This could result in longer prison sentences, larger fines, and fewer opportunities for plea bargains or reduced charges.
Moreover, the act’s broad definition of distribution and its focus on the entire supply chain could ensnare individuals who were previously outside the scope of severe penalties. For example, someone involved in the sale of precursor chemicals or equipment used to manufacture fentanyl could now face the same penalties as those caught with large quantities of the drug itself.
The Law Offices of David Jay Glassman in Philadelphia represents clients accused of fentanyl possession and distribution. To arrange for a consultation with an experienced attorney, call {PHONE} or contact us online.