Fentanyl, a synthetic opioid drug, is estimated to be 50 to 100 times more potent than morphine and 50 times more potent than heroin. It has been responsible for the most overdose deaths in Ohio for years. Consequently, the state has stricter laws around it.
This opioid drug is a controlled substance classified under Schedule II controlled substances, both in state and federal regulations. Here are three fentanyl crimes in Ohio.
Possession
Knowingly obtaining, possessing or using fentanyl and fentanyl-related compounds can lead to a possession charge. Penalties are determined by quantity, often measured in a bulk amount threshold, which is legally defined as 10 grams or more or 25 unit doses.
For instance, less than one gram (below the bulk amount) is typically a fifth-degree felony, whereas exceeding five grams but less than ten grams can be classified as a third-degree felony. Possessing 100 grams or more is a first-degree felony. An offender with such quantities is considered a Major Drug Offender (MDO).
Trafficking
Trafficking fentanyl and fentanyl-related compounds includes knowingly selling, offering to sell, preparing for shipment, shipping, transporting, delivering or distributing the drug. Penalties are determined by the weight of the substance and whether aggravation factors are present, such as selling in the vicinity of a school or in the presence of a minor. Trafficking 27 grams or more of fentanyl is categorized as a first-degree felony in Ohio.
If a person trafficking fentanyl causes the death of another through that drug, the crime is referred to as the distribution of fentanyl resulting in death. It carries severe penalties.
Manufacturing
Planting, cultivating, harvesting, processing, making, preparing, packaging, repackaging, labeling or engaging in any other activity that is part of the fentanyl production process is a crime. Manufacturing fentanyl is considered a serious offense.
Being convicted of a fentanyl crime can affect your life substantially. If you have been arrested and charged with an offense or even believe you’re being investigated, it’s smart to get experienced legal guidance to protect your rights and to understand your defense options.