What Is the Charge for Possession of Fentanyl in California?

Under California law, selling drugs results in up to five years in jail or prison. However, Proposition 36 has made it so that harder drugs, like fentanyl can receive longer sentences. Additionally, the sentence must be completed in prison. The following are just a few examples of the sentencing you could face if convicted of fentanyl-related crimes.,

• People who are in possession of fentanyl and a loaded weapon can be sentenced to up to four years in state prison.
• If you give or sell fentanyl to someone who dies, you can be charged with murder. Giving the drug counts, so you don’t have to be considered a dealer for this type of sentencing to occur. Judges are now required to give a Watson-style warning that deaths from fentanyl can lead to murder charges.
• People who sell large quantities of fentanyl now serve a sentencing enhancement–served in state prison–of 3 to 25 years.

However, your fentanyl lawyer can help you deal with fentanyl charges in California. For example, a PC 1000 diversion could allow you to get your charge dismissed completely. To qualify, you would need to have no convictions for felonies in the last five years, the crime must be non-violent, and the offense must be eligible for PC 1000. Because you don’t have to plead guilty to get a PC 1000 diversion, this option may be a good one if you’re worried about your immigration status.

Alternatively, you may be able to go to drug court if you don’t have a previous criminal history. If you do have previous convictions, there may be special requirements, like probation, for you to use this option.

Proposition 36: Changing How Fentanyl Is Charged in California

Under Proposition 36, some of the California fentanyl laws have been updated. Fentanyl has now been added to the list of hard drugs for other offenses. If you sell drugs to someone and they die, it can result in murder charges. Under Proposition 36, judges are required to warn you during drug sentencing that you could potentially face murder charges if someone is harmed.

When it comes to wobbler offenses that could be considered misdemeanors or felonies, there is now enhanced sentencing and felony charges involved. Importantly, there is no age requirement or previous conviction status needed to get a harsher sentence.

Trafficking in fentanyl now carries harsher penalties. It has also been added to the list of drugs you aren’t allowed to have while armed with a loaded weapon.

The only silver lining in Proposition 36 is treatment-mandated felonies. Once you have two previous drug possession convictions, the prosecutor has the discretion to charge you with a treatment-mandated felony. With this option, you are given the choice to take part in a drug or mental health treatment program. If you decide to do so and manage to successfully finish your treatment, your charges will be expunged from your record. However, refusing to do this program will result in jail time.

Get Help With Your Orange County Fentanyl Case

When it comes to fentanyl charges in California, you don’t want to leave anything to chance. Fentanyl possession and trafficking can lead to serious jail time, even when only small amounts are involved. Because of this, you need to work with the best criminal defense attorney in Orange County. With the help of a skilled attorney, you can argue your case and learn if you qualify for a treatment-mandated felony.

To learn more about fentanyl sentencing in California and have your case reviewed, reach out to our legal team today.