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Possession and Sale of Fentanyl

Fentanyl is a synthetic opioid used around the nation to alleviate pain and suffering for patients who need it. Although the drug was created for a benign use, it’s become a major component in the current opioid crisis that plagues the U.S. including the state of Iowa. In 2016, the CDC reported that fentanyl and analogs of the drug were the most common cause of overdose deaths that year, and most of these deaths were due to illegally manufactured fentanyl.

To battle the opioid crisis, Iowan legislators have implemented harsh penalties for the possession and sale of fentanyl. Often the crime is charged as a serious misdemeanor, but under certain circumstances, possession or sale of fentanyl can result in felony charges. That means time in prison and extraordinary fines the court will expect you to pay. If you or someone you know has been charged with possessing or selling fentanyl, we urge you to contact an experienced criminal defense attorney as soon as possible.

Des Moines Attorney for Possession of Fentanyl in IA

Most victims of fentanyl addiction began taking the medication under the direction from a doctor. These are hardworking individuals who contribute to society who have simply fallen victim to the opioid crisis, not criminals. If you are in a similar situation, it’s in your best interest to obtain legal representation from an experienced attorney like the legal team we have at McCarthy & Hamrock, P.C..

With decades of collective experience, the drug defense attorneys at McCarthy & Hamrock, P.C. can examine your case and build a strong defense plan designed to undermine the prosecution. Set up your first consultation with a skilled Des Moines fentanyl defense attorney today by calling McCarthy & Hamrock, P.C.. We accept clients throughout the greater Des Moines area including Polk County and Dallas County. Some examples of cities we serve include Perry, Waukee, Minburn, West Des Moines, Redfield, Alleman, Polk City, Windsor Heights, and Runnells.

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What is Fentanyl?

Fentanyl is a drug that was first approved for medical use in 1968 but didn’t become popular until recently. In 2015, the drug fentanyl was recorded as the most widely used synthetic opioid in medicine. The opioid is commonly used as a type of pain medication and in some cases works in conjunction with other medications such as anesthesia. Recreational users of the drug often mix the substance with other drugs such as cocaine or heroin. In fact, it’s very common for users to purchase heroin and be unaware it’s cut with fentanyl.

The effects of fentanyl if used recreationally are nearly automatic and generally last for two hours. According to users, fentanyl usually will induce a euphoric and enlightened feeling within the user. It’s also much more powerful than its opioid cousins such as heroin as it’s determined to be 80-100 times stronger than morphine.

Listed below are some commonly used street names for the substance fentanyl.

  • Dance Fever
  • Cash
  • Apace
  • Great Bear
  • Poison
  • Tango
  • He-Man
  • China Girl
  • China White
  • China Town

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Penalties Possessing Fentanyl in Iowa

The state of Iowa is unique as they don’t determine sentencing for possession on the type of drug found or how much was on the offender’s person. Instead, the Iowa Code determines the criminal penalties for possessing fentanyl on whether the violation was a first or subsequent conviction and nothing else. The penalties for possessing fentanyl can be found below:

  • First Offense – Serious Misdemeanor
    • Up to one year in jail; and
    • A fine ranging between $315 and $1,875
  • Second Offense – Aggravated Misdemeanor
    • Up to one year in jail; and
    • A fine ranging between $625 and $6,250; OR
    • No fine and up to two years in prison.
  • Third Offense – Class D Felony
    • Up to five years in prison; and
    • A fine ranging between $750 and $7,500

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Penalties for Selling Fentanyl in Iowa

Iowa determines the sentencing for possession with intent, sale, delivery, or manufacturing of a drug based on its schedule. Under the Iowa Code, fentanyl and the majority of its analogs can be found under Schedule II as it has a prevalent presence in medicine but can result in serious chemical dependency. The Iowa Code Section 124.401 states that all Schedule I, II, or III drugs that aren’t specifically listed will face a class C felony.

Therefore, selling fentanyl is a class C felony which is punishable by:

  • Up to 10 years in prison; and
  • A fine ranging between $1,000 and $50,000

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Additional Resources

Drug Policy Alliance – Visit the official website for the nonprofit coalition known as the Drug Policy Alliance, which is dedicated to decriminalizing harsh drug laws and mending the stigma of drug addiction. Access the site to find great resources on drug policy issues, read scientific and tested drug facts, and learn how you can take action.

Narcotics (Opioids) Information– Visit the official website for the Drug Enforcement Administration (DEA) to learn more about opioids, their effects, and the penalties for possessing or selling them. Access the site to learn the origins of opioids, drug fact sheets for certain opioids, opioid-related statistics, and more.

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Fentanyl Defense Attorney in Des Moines, Iowa

The penalties for the possession or sale of fentanyl are incredibly serious and could result in years behind bars as well as enormous fines. Thankfully, you have the right to gain legal representation to fight your charges and avoid these devastating consequences. Get started securing your rights and future today by simply calling McCarthy & Hamrock, P.C..

The attorneys at McCarthy & Hamrock, P.C. have collectively spent decades defending their clients in the courtroom. They can utilize their resources, skills, and knowledge to build a defense that could reduce or even dismiss your charges. To protect yourself from the statutory penalties, call McCarthy & Hamrock, P.C. today at (515) 279-9700 for your first consultation free.

McCarthy & Hamrock, P.C. accepts clients throughout the greater Polk County and Dallas County area including Ankeny, West Des Moines, Pleasant Hill, Alleman, Waukee, Redfield, De Soto, Altoona, Des Moines, Dallas Center, and Bondurant.

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