Controlled Substance Fentanyl Charges Lawyer

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What Is Fentanyl And What Is Happening With This Drug?

Fentanyl is an opioid classified under the Controlled Substances Act (CSA) as a Schedule II drug by the Michigan Legislature.  It is often used as a prescription-based narcotic medicine for pain prevention when treating cancer patients.  According to the CSA, Schedule II drugs are labeled as such because of accepted medical use along with a strong possibility of abuse coupled with a risk of dependency.  It often comes in the form of a patch, with the medicine contained in between adhesive pads.  Its common brand name is Duragesic and it has a number of street names including China Town, King Ivory and Apache.

Despite its accepted medical uses, as with other controlled substances, fentanyl if obtained illegally can become highly addictive and habit forming.  Fentanyl is several times more potent than either heroin or morphine with a strong possibility of overdose.  Narcotics possession, use and distribution charges are looked upon with the utmost of urgency and are investigated and prosecuted with great zeal in the State of Michigan.  Possession, Manufacturing and Intent to Distribute Controlled Substance charges are serious matters.  If you are involved with allegations of fentanyl or other controlled substance charges in and around Detroit, you will want to work with an experienced, knowledgeable and successful criminal drug defense lawyer to help you with your case.

Fentanyl’s Mixtures With Other Drugs And Its Various Routes Of Ingestion

Fentanyl’s very strong potency, especially if in combination with other drugs such as cocaine or heroin gives the user an almost ‘super high.’  There have been several reports of its (one street name being TNT) illegal use causing death by overdose.  In some cases so extreme that death is sudden with the user still having a needle in their arm.  Medically, it can be used as an anesthesia through an IV during surgery.  However, this fentanyl can also be taken orally as in a lollipop or lozenge or transdermal where the medicine enters the bloodstream through the skin. Fentanyl is also available in powder form, it is water soluble and can therefore be mixed as a solution.

If these prescriptions are abused or stolen and resold, this would constitute a possession, manufacturing or possible intent to distribute controlled substance charges.

Consequences Of Prescription Drugs / Narcotics Are Severe With Long-Term Consequences

Fentanyl along with other ‘reconstituted’ prescription Schedule II controlled substances such as Vicodin and Oxycodone, are prosecuted harshly when being bought, sold and distributed illegally in Michigan.  Most prosecutions and convictions are based upon the intent of the seller or user along with the amount that was used. A conviction for possession, use and distribution of illegal narcotics such as fentanyl carry heavy penalties including:

  • If Less Than 50 Grams Then Potentially Between 1 And 20 Years Imprisonment.
  • Between 50 and 225 Grams Then Between 10 And 20 Years Imprisonment.
  • Between 225 And 650 Grams Between 20 And 30 Years Imprisonment.
  • If Over 650 Grams Up To Life But No Less Than 20 Years Imprisonment.

What Possible Defenses Are Available In Fentanyl Abuse Cases?

To properly assert these charges, the prosecution must show that someone knew and meant to specifically to deliver the controlled substance at issue.  This is a key for the prosecutor to show – if someone did not have this frame of mind when the fentanyl was delivered they cannot be guilty as charged.  Not only is someone’s intent important, but determining the amount is as well.  The prosecution will have to prove that the amount was properly calculated and if it was fentanyl at all.  This can be difficult to show.  Beyond, intent and amount, other defenses can include the police work involved.  If there was an improper arrest, or stop and search, or if the cops executed an invalid warrant or if there was entrapment, any of these defenses may be a consideration as well.

Chemical Testing

One very important matter that may come up is whether or not the substance being tested is really fentanyl at all.  It can have a chemical structure similar to other drugs and because of its similarity it is possible that fentanyl could be misidentified when it really is something else.  Mass spectra testing could be used to take a molecule and break it apart to determine what it is as every molecule and drug has a specific mass.  This work needs to be done in a government laboratory-testing facility and if accused of these charges, you will want someone who understands this complicated process.

For example, while it can be calculated several ways it could take approximately 140 patches 50 micrograms per hour of fentanyl to get over the 50 grams marker – yielding a potential 10 to 20 years of jail time.  It is critical that you have the best criminal drug lawyer available to help you prepare a proper and successful defense.

Barton Morris is the only Michigan attorney to be designated by the American Chemical Society as a Forensic Lawyer Scientist.

When it comes to distinguishing himself from other lawyers, Barton Morris, has the training and experience required to help you get the BEST DEFENSE POSSIBLE in a narcotics or controlled substances prosecution. Mr. Morris has set himself apart from other attorneys as a lawyer with specific training and education in chemical analysis.  It is one thing to identify drugs by way of packaging and labeling.  It is something altogether different to analyze fentanyl and other controlled substances through chemical analysis. Mr. Morris is able to analyze bloodwork and instrumentation devices that include:

  • Field-Testing Kits
  • Mass Spectrometer
  • Gas Chromatography
  • Fourier Transform Infrared Spectroscopy (FTIR)

What Can You Do About Facing Controlled Substance Allegations?

Contact The Law Office of Barton W. Morris, Jr. right away if you need assistance in dealing with controlled substances including fentanyl, heroin, cocaine or other drug charges in the Metro Detroit area and its surrounding communities.  We have fought several of these cases successfully.  You deserve to work with a lawyer who has gotten proven results in these matters.  The earlier you contact us to help with your case, the better we can work toward getting you the best possible results.  If you want the best controlled substance criminal defense lawyer in the Metro-Detroit area, please call The Law Office of Barton W. Morris, Jr. today.  Contact his office at (248) 541-2600.

Areas and Communities Served:

Allen Park, Belleville, Brownstown Township, Canton, Dearborn, Dearborn Heights, Denton, Detroit, Ecorse, Flat Rock, Garden City, Gibralter, Grosse Ile, Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Woods, Hamtramck, Harper Woods, Highland Park, Inkster, Lincoln Park, Livonia, Martinsville, Melvindale, New Boston, Northville, Plymouth, Redford, Redford Township, River Rouge, Rockwood, Romulus, Southgate, Taylor, Trenton, Wayne, Westland, Woodhaven, and Wyandotte.