Baton Rouge Fentanyl Lawyer
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Possession of Fentanyl Defense in Baton Rouge, LA
The opioid crisis continues to drip the nation, and East Baton Rouge Parish is no exception. One drug, fentanyl, has emerged as a major concern for the Louisiana Department of Justice and public health officials alike. This pain reliever substance is 50 to 100 times more potent than morphine or hydrocodone. Its high potency and ease of synthesis have made it a common adulterant in illicit drugs, causing a spike in overdoses.
Due to the serious dangers of fentanyl possession, the Louisiana Department of Justice and Baton Rouge prosecutors take fentanyl offenses very seriously. At The Law Offices of Ossie Brown, we understand the complexities surrounding fentanyl charges and the implications a conviction can have on an individual’s life.
If you’ve been arrested for fentanyl possession or other drug crime, contact the Baton Rouge drug crime attorneys at The Law Offices of Ossie Brown. To schedule a free consultation to discuss your drug possession charge, contact us at 225-343-1111 today.
What is Fentanyl?
Fentanyl is made of high-powered synthetic opioids used to treat cancer patients with severe or chronic pain who are physically tolerant to other medications, like morphine or oxycontin. This prescription drug was authorized by the FDA in 1998 and is categorized as a Schedule II controlled substance by the Drug Enforcement Administration (DEA).
It’s important to note the significance of fentanyl’s classification. The Drug Enforcement Agency classifies drugs, medications, substances, and certain chemicals depending on their acceptable medical drug use and their drug abuse potential. The only drugs rated higher than fentanyl, Schedule I, are illegal drugs like heroin and LSD.
These substances work by attaching to the brain’s opioid receptors, which control pain and emotions. When prescription opioids attach, the opioids can increase dopamine levels in the brain, producing a state of euphoria and relaxation, along with pain relief.
However, drug dealers have found a way to manufacture it for drug distribution. Illicitly manufactured fentanyl is extremely dangerous and is often added to other illegal drugs like cocaine, methamphetamine, opiates, Vicodin, marijuana, heroin, or prescription drugs to increase its euphoric effects, but this operation dramatically heightens the risk for overdoses.
Since manufacturers don’t need to use a highly detectable amount, users are often unaware that a substance, like a street prescription, contains fentanyl, which can be lethal in very small doses and has contributed to the increase in overdoses.
How Many People Die From Fentanyl Overdose Every Year?
Over the last decade, the number of fentanyl overdoses has continued to rise. In 2022, there were approximately 79,654 fentanyl overdose deaths, which is more than double the number of fatalities from 2019. According to the CDC, fentanyl is responsible for most of the synthetic opioid deaths in the United States. In Louisiana alone, there were 1,202 synthetic opioid deaths in 2022, and most of those can be attributed to fentanyl.
Signs and Symptoms of Fentanyl Overdose
Due to the high potency of fentanyl, it does not take very much for a person to overdose. Depending on a person’s body size and their tolerance, two milligrams of fentanyl can be deadly. Two milligrams is the equivalent of the tip of a pencil.
What makes fentanyl overdoses more common is how often they’re mixed with other drugs or street prescriptions, often unbeknownst to the user. As of 2023, the DEA reports that 7 out of 10 pills seized contain a lethal amount of fentanyl. According to their latest data, so far in 2023, they have seized over 62 million fentanyl pills.
Gabby’s Law Louisiana
In 2022, Louisiana legalized the use of fentanyl test strips as a way to combat the increasing fentanyl trafficking epidemic. House Bill 212, also known as Gabby’s Law, was inspired by the passing of Louisiana native Gabby Hebert.
In the past, Gabby had struggled with drug use and had tried to turn her life around by entering rehab in 2021 and then moving to Mississippi. During a visit home in 2022, her parents said that she seemed like her old self again. Sadly, during a trip to visit a friend in Lake Charles, Gabby took a pill laced with fentanyl and was killed.
With the passing of Gabby’s Law, the Hebert family hopes that legalizing fentanyl test strips can help others avoid meeting the same fate.
What is the Penalty for Fentanyl in Louisiana?
In August of 2022, Governor John Bel Edwards approved a bill that increases the penalties for fentanyl possession, distribution, and manufacture. Now, anyone who is found possessing, distributing, trafficking, or manufacturing fentanyl or drug containing fentanyl will be sentenced to at least 5 to 40 years of jail time with hard labor, along with a maximum fine of $50,000.
This Louisiana law, also known as Senate Bill 315, outlines the punishments for those who knowingly misrepresent or falsely advertise a drug containing fentanyl. Those charged with possession of fentanyl will have to pay a minimum fine of $100,000 or the entire street value of the drug (whichever is higher).
Those convicted of the crime will also have three years added onto their minimum or maximum prison sentence, meaning they could face between 8 to 43 years in prison.
Fentanyl Possession Charges
In Louisiana, fentanyl charges for possession are harsh.
A conviction in Baton Rouge for a first-time offender carrying less than 28 grams of fentanyl can lead to 5-40 years of jail time and fines of up to $50,000.
Penalties for higher quantities of fentanyl possession (28-250 grams) have more serious consequences. In Baton Rouge, being convicted of fentanyl possession over 28 grams can mean 7-40 years of jail time and fines of up to $50,000 for first offenders.
In Baton Rouge, second offenders can face 30-40 years in jail with fines up to $500,000.
The penalty for a third conviction is 99 years of jail time and fines up to $500,000.
Drug Distribution: Fentanyl Possession With Intent to Distribute
Penalties for fentanyl possession with intent to distribute (250 grams or more of fentanyl) have even more serious consequences. In Baton Rouge, being convicted of fentanyl possession with intent to distribute can mean a lifetime in prison. 25 years of this sentence must be served without the benefit of parole, probation, or sentence suspension.
Millie’s Law Louisiana
The increased penalties that went into effect with the passing of Senate Bill 315 were largely influenced by the untimely death of Lillie Camille “Millie” Harvey in 2017. Millie, like so many others who struggle with drug use, overdosed on heroin laced with fentanyl. Following her death, her mother, Lilly Harvey, started the non-profit Millie Mattered to raise awareness about the growing drug epidemic in Louisiana and throughout the United States.
Prior to the passing of Millie’s Law, offenders arrested for distributing fentanyl-laced drugs would receive a sentence of 5 to 40 years with a maximum fine of $50,000.
Now, with Millie’s Law, fentanyl felony crime offenders will be sentenced to 10 to 45 years in prison with a maximum fine of $100,000. Before they are eligible for parole, probation, or a suspended sentence, they must serve at least five years.
Potential Defenses for Prescription Drug Charges in Louisiana
When facing felony charges for a fentanyl offense, it’s important to retain experienced legal counsel. The Baton Rouge drug crime attorneys at The Law Offices of Ossie Brown have represented countless clients facing similar charges and are prepared to represent you with a strong defense.
Depending on the circumstances of your case, your Baton Rouge fentanyl lawyer may use one or more of the following effective defense strategies:
Now, with Millie’s Law, fentanyl felony crime offenders will be sentenced to 10 to 45 years in prison with a maximum fine of $100,000. Before they are eligible for parole, probation, or a suspended sentence, they must serve at least five years.
Potential Defenses for Prescription Drug Charges in Louisiana
When facing felony charges for a fentanyl offense, it’s important to retain experienced legal counsel. The Baton Rouge drug crime attorneys at The Law Offices of Ossie Brown have represented countless clients facing similar charges and are prepared to represent you with a strong defense.
Depending on the circumstances of your case, your Baton Rouge fentanyl lawyer may use one or more of the following effective defense strategies:
Unlawful Search and Seizure: If law enforcement conducts a search without a warrant, probable cause, or your consent, any evidence obtained in the search might be inadmissible in court.
Entrapment: What is entrapment? Entrapment occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed. If entrapment is proven, it can be used as a defense.
Mistaken Identity or False Accusations: In some cases, you might be able to argue that you were mistakenly identified or falsely accused of being in possession of or distributing fentanyl.
Lack of Knowledge: If you can credibly demonstrate that you were unaware that the substance was in your possession or that you did not know it was fentanyl, this defense might apply.
Each case is unique, with its specific facts and circumstances, and not all defenses are applicable in every situation. Your attorney from The Law Offices of Ossie Brown will tailor their defense strategy for your particular case to achieve the most favorable results.
Call an East Baton Rouge Parish Fentanyl Lawyer at the Law Offices of Ossie Brown
If you or a loved one is facing fentanyl-related drug charges in East Baton Rouge, it’s critical to seek expert legal counsel immediately. The Baton Rouge drug offense attorneys from The Law Offices of Ossie Brown understand the complexities of Louisiana drug laws. They will work tirelessly to evaluate your case, explore all potential defenses, and strive for the best possible outcome.
Facing drug charges can be overwhelming, but with The Law Offices of Ossie Brown by your side, you’re not alone. Call us today at 225-343-1111 to discuss your case and take the first step toward a diligent defense.
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