Fentanyl is a Schedule 2 Controlled Substance used widely in America.
What is Fentanyl
Fentanyl is an opiate painkiller medication. Other opiate drugs include heroin, morphine, methadone, opium, and codeine.
Fentanyl is a schedule 2 controlled substance because there are many accepted medical uses of fentanyl. Fentanyl is approximately 75 times stronger than morphine.
The effects of of fentanyl is nearly identical to heroin, except fentanyl is stronger than heroin. This is part of fentamyl’s problem. Heroin is often cut, or diluted, with fentanyl. The heroin user may not be aware of this and is unable to dose correctly. Because fentanyl is so much stronger, the heroin user has inadvertently overdone it. In 2016, 20,000 death by overdose in America were attributed to fentanyl.
Possession of Fentanyl
The possession of less than 25 grams of fentanyl is a felony, punishable by up to 4 years in prison. Possession of higher amounts of fentanyl is subject to higher penalties.
The use of fentanyl is a misdemeanor, punishable by up to 1 year in jail, fines, and probation.
7411 for Use and Possession of Fentanyl Offenses
A 7411 can keep use and possession convictions can be kept off your record. 7411 is a mechanism by which a plea is taken under advisement. This means if you plead your case will become non-public. Upon successful completion of probation your case will permanently remain non-public. 7411 is not available for OWI cases.
Operating While Intoxicated by Fentanyl
Because fentanyl is a controlled substance, it is against the law to drive while under the influence of Fentanyl. It is ok to have Fentanyl in your system and drive – that is not the crime. Operating while intoxicated by fentanyl means the fenatnyl significantly effected your ability to drive normally.
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Sam Bernstein is an Ann Arbor Criminal Defense Attorney.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI.