Monder Law Group - News
California Fentanyl Laws Explained
Fentanyl is an incredibly potent synthetic opioid, around 50 – 100 times stronger than morphine, typically used medically for pain management. However, this drug also has a high addictive potential and can even be lethal when misused.
In recent years, there’s been a surge of fentanyl-related deaths throughout the US, prompting the need for legislative action in order to combat its expansion and save lives. California, just like many other states, enacted strict laws to regulate the possession and use of this dangerous opioid.
Due to the rising concerns about its proliferation and misuse, these laws are stringently enforced and the defense when you’re charged with this offense can present a challenge to all but the finest fentanyl drug crime attorneys in San Diego.
What is the penal code for possession of fentanyl in California?
In California, possession of fentanyl is governed by the state’s penal code, due to the fact that it is a Schedule II controlled substance. As such, the California Health and Safety Code §11350 states that it is illegal to possess this drug unless you have a valid prescription from a licensed medical professional.
Violation of this code can have severe repercussions, including steep fines and imprisonment, depending on factors such as the amount of fentanyl in possession, as well as the defendant’s criminal history.
However, it must be noted that HSC§11350 relates to possession only and is typically considered a misdemeanor, while transportation or import with the intent to sell are considered felonies and tried as such under California law.
What is the legislation for fentanyl in CA?
Over the past couple of years, the Golden State has taken many proactive measures to address the fentanyl crisis, including:
- Senate Bill 1109 provided a way to better understand the scope of the crisis and facilitate more targeted responses, by requiring coroners to report all cases of fentanyl-related deaths to the California Department of Public Health.
- Senate Bill 10 (Melanie’s Law) protects middle and high school students across the state from opioid overdose, by implementing mandated school safety plans aimed at raising awareness and educating both the staff and students about the dangers of this substance.
- Senate Bill 250 is an expansion of California’s “Good Samaritan” law as a part of the overdose fatality prevention law (AB 472). This legislation states that “it will not be considered a crime if someone has a drug overdose or helps someone who overdosed and then calls for medical help, even if they have drugs or drug-related items, so long as they don’t interfere with medical or law enforcement personnel”.
- Assembly Bill 701 (amendment to Sections 11370.4 and 11372 of the Health and Safety Code) introduced more severe sentences regarding possession for sale of fentanyl or substances containing it.
- Senate Bill 19 established an Anti-Fentanyl Abuse Task Force to collect and organize data on fentanyl abuse in California, as well as to monitor the progress and effectiveness of state-enacted measures for the prevention of fentanyl abuse and related deaths.
- Assembly Bill 1060, as a part of a broader effort to save lives and combat the opioid overdose “epidemic”, expanded access to naloxone – a medication used to reverse the effect of an opioid overdose, including fentanyl.
Where can I find a dependable fentanyl drug crime attorney near me in San Diego?
Our assertive and knowledgeable lawyers have a track record of success in handling drug possession cases, and each one of them is ready to fight tirelessly to ensure the best possible outcome for your case.
Reach out to us today for a free, confidential no-obligation consultation or to schedule an appointment at our offices near California Quadrangle, and ensure you have a team that will zealously fight for your freedom and future!