San Diego Attorney for Fentanyl Crimes

Fentanyl overdoses have increased exponentially over the past few decades. The product has become more prevalent, more concentrated, and more widespread then ever before. Because of this, California prosecutors have pushed harder for severe penalties for possession, distribution, or manufacturing of fentanyl, as well as for any harm that comes as a result of said distribution or manufacturing.

This zealous fight in the war on drugs has led to a great number of innocent people being charged with fentanyl-related crimes; whether as unwitting dealers selling cannabis they could not have known was laced with fentanyl, or end users, who have grown addicted to opioids as a result of overprescription.

Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving fentanyl and other drug related crimes. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

What is Fentanyl?

The scientific name for fentanyl is [N-phenyl-N-[1-(2-phenylethyl)-4- piperidinyl]propenamide. Fentanyl is a complex and complicated chemical that is over 100 times more potent than morphine; for this reason, doctors in the 1980s, 1990s, and early 2000s turned to Fentanyl as a prescription for pain medication, especially for veterans of the Gulf and Iraqi wars. The overprescription of fentanyl was the source of a class-action lawsuit by the United States government against many manufacturers and distributors, including Walgreens and CVS and Johnson & Johnson. The total cost of the suit is estimated to be well over $30 billion.

Fentanyl mainly exists in two forms: pharmaceutical-grade and illicitly manufactured fentanyl. Pharmaceutical fentanyl is tightly regulated and prescribed for medical purposes, such as managing severe pain, and, in the wake of the 2021 lawsuit, is even more regulated.

Illicitly manufactured fentanyl, however, is produced without oversight and often laced into other drugs, creating a high risk of overdose. Because of its addictive nature, fentanyl is often added to marijuana to drive users to return for more. However, just 2 mg of fentanyl is a lethal dose. Even one drop from a non-standard eyedropper could kill the average person if added to marijuana or street pills.

Fentanyl is classified as a Schedule II controlled substance under California Health and Safety Code §11055, recognized for its high potential for abuse and accepted medical use with severe restrictions. California law criminalizes several activities involving Fentanyl under the Uniform Controlled Substances Act (Health and Safety Code §§11000–11651). This includes:

Simple possession (§11350): Criminalizes the unauthorized possession of Fentanyl and other controlled substances.
Possession with intent to sell (§11351): Prohibits possession of Fentanyl intended for sale.
Sale or transportation for sale (§11352): Addresses selling, transporting, or offering Fentanyl for sale.
Manufacturing or offering to manufacture (§11379.6): Criminalizes the production or attempted production of Fentanyl through chemical synthesis.

What Does the Jury Look for in Fentanyl Cases?

In criminal trials involving Fentanyl, the jury must consider specific elements outlined in the California Criminal Jury Instructions (CALCRIM), such as CALCRIM 2300 for sale or transportation of controlled substances and CALCRIM 2302 for possession with intent to sell. Key elements include:

Knowledge of the substance: The defendant must have known the Fentanyl was present and understood its nature as a controlled substance.
Intent: For possession with intent to sell or transportation, there must be evidence showing the defendant intended to sell or facilitate its sale.
Usable amount: The prosecution must prove the Fentanyl was present in a quantity sufficient for use or sale.
Voluntary possession: The defendant must have willingly possessed or transported the substance.

What Are the Penalties for Fentanyl Charges in California?

The penalties for Fentanyl-related offenses in California vary significantly depending on the nature of the charge and the defendant’s criminal history.

For simple possession of illicit fentanyl or illegally obtained prescription fentanyl, a defendant may face up to one year in county jail or be eligible for a drug diversion program under Proposition 36, with fines up to $1,000.

Charges involving possession with intent to sell are much more severe, carrying a sentence of two to four years in state prison and fines up to $20,000. For transporting Fentanyl for sale, sentences range from three to five years, and if the transportation crosses noncontiguous counties, the penalty may increase to up to nine years.

Manufacturing Fentanyl is among the most serious offenses, with sentences ranging from three to seven years in prison. Additional penalties may apply under the Three Strikes Law for defendants with prior convictions or in cases involving aggravating factors, such as distribution near schools or involving minors.

Federal penalties for Fentanyl trafficking are harsher still, with sentences of five to forty years for first-time offenses involving substantial quantities and potential life imprisonment for repeat offenses or cases resulting in death or serious injury.

What Are Real Examples of Fentanyl Offenses in California?

Simple possession: A person arrested with a small quantity of Fentanyl for personal use is charged under §11350.
Possession with intent to sell: Law enforcement finds Fentanyl packaged in small bags, along with a scale and cash, suggesting an intent to sell (§11351).
Transportation for sale: A driver is pulled over with large amounts of Fentanyl hidden in their vehicle, intended for distribution across county lines (§11352).
Manufacturing: An individual is discovered operating a clandestine lab synthesizing Fentanyl, charged under §11379.6.

Penalties for Federal Fentanyl Trafficking Convictions

A first conviction involving 40–399 grams of pharmaceutical Fentanyl or 10–99 grams of a Fentanyl analog can lead to 5–40 years in prison. If the crime results in death or serious injury, the minimum sentence increases to 20 years, with fines reaching up to $5 million. Second offenses or amounts exceeding 400 grams can result in life imprisonment.

Can You Get Probation for Fentanyl Convictions?

Probation may be available depending on the charge and the defendant’s criminal history:

Simple possession (§11350): Often eligible for probation or drug diversion programs, especially for first-time offenders under Proposition 36 or Penal Code §1000.
Possession with intent to sell (§11351): Probation is less likely, as this charge involves an intent to profit from illegal activity.
Sale or transportation (§11352): Probation may be possible, but it often requires mitigating circumstances, such as a minimal criminal history.
Manufacturing (§11379.6): Probation is unlikely due to the severity of this offense.

What Are Some Defenses to Fentanyl Charges?

The Defendant Did Not Know the Substance Was Fentanyl
To convict someone of a Fentanyl-related crime, the prosecution must prove that the defendant knew the substance in question was Fentanyl and recognized it as a controlled substance.

The Search or Seizure Violated Fourth Amendment Rights
If law enforcement obtained evidence of Fentanyl possession or transportation through an unlawful search or seizure—such as entering a vehicle or home without a valid warrant or probable cause—this evidence might be inadmissible in court.

The Defendant Had a Valid Medical Prescription
Possession charges may not stand if the defendant can demonstrate that they legally obtained the Fentanyl with a valid prescription for legitimate medical use. This defense does not apply to charges involving intent to sell or manufacturing.

Fentanyl Charges FAQ

Defendants often have unique concerns about Fentanyl cases, such as:

“Can I be charged if I didn’t know it was Fentanyl?”
Yes, but the prosecution must prove knowledge of its nature as a controlled substance.
“What if the Fentanyl belonged to someone else?”
Constructive possession can still apply if the defendant had control over or access to the substance.
“Does the amount of Fentanyl matter?”
Yes. Larger amounts often result in intent-to-sell charges and harsher penalties.

Additional Resources

Adulterants Present in the San Diego County Fentanyl Supply
This study details the analysis of fentanyl samples seized in San Diego County. Researchers identified common drugs and adulterants, including methamphetamine and xylazine, as well as contaminants related to production.

Fentanyl in the State of California
The California Department of Justice provides information about the fentanyl crisis in California, including overdose statistics and efforts to address the issue. The page highlights Attorney General Rob Bonta’s strategies, which combine enforcement, public policy, education, and litigation to mitigate the harm caused by fentanyl and prevent future overdoses.

Fentanyl Awareness
The DEA’s Fentanyl Awareness page provides educational resources about the dangers of fentanyl. It includes campaigns like National Fentanyl Awareness Day, information on overdose risks, and programs to educate the public. The page also features initiatives like “One Pill Can Kill,” aimed at preventing fentanyl-related harm and saving lives.

Faces of Fentanyl: A DEA Exhibit
This exhibit by the DEA honors lives lost to fentanyl poisoning through submitted photographs and stories. Located at DEA Headquarters, the memorial seeks to raise awareness about the dangers of fentanyl while fostering a personal connection to the epidemic’s impact. The initiative emphasizes public education and prevention efforts through community engagement.

California Health and Safety Code Section 11055
This official law outlines the classification of Fentanyl as a Schedule II controlled substance in California. It includes details on other controlled substances listed in Schedule II and provides context for legal regulations regarding possession, sale, and transportation of these substances.

Fentanyl Is Killing More Teens in San Diego County

This source from the City of San Diego discusses the rise of Fentanyl-related overdoses, particularly among teenagers. It provides insights into public safety initiatives, educational resources, and local government efforts to combat the growing Fentanyl crisis in the region.

Naloxone Distribution Project
Published by the California Department of Health Care Services, this source details the state’s Naloxone Distribution Project, which offers free naloxone to combat opioid overdoses. It explains the application process for organizations to receive naloxone and Fentanyl test strips and outlines the project’s goals in addressing the opioid epidemic.

U.S. Border Patrol’s San Diego Sector Stops Suspected Fentanyl Smuggler
This U.S. Customs and Border Protection release highlights efforts by the San Diego Border Patrol to intercept Fentanyl trafficking. It describes a specific case where agents seized over 25 pounds of Fentanyl, showcasing the ongoing federal efforts to prevent Fentanyl distribution across borders.

Hire a Lawyer for Fentanyl Crimes in San Diego County, CA

Don’t sleep on your rights. Contact Michael Cindrich right away for a free consultation at (619) 262-2500.