Fentanyl is a serious problem in the State of Texas – and throughout many parts of the nation – and the state has a recent law on the books that is designed to help address the issue. House Bill 6 (HB6) was signed into effect in 2024, and it creates what amounts to a fentanyl murder charge, which includes enhanced penalties for crimes related to the drug.
If you are facing a criminal charge of any kind, you shouldn’t wait to consult with an experienced Round Rock criminal defense attorney.
House Bill 6
House Bill 6 signifies a serious shift in how Texas addresses deaths caused by fentanyl in the state. The newly minted charge falls under Section 19.02 of the Texas Penal Code, and key aspects include each of the following:
For a conviction on the charge to stick, the defendant’s intent isn’t a required element, which means that it doesn’t have to be proven.
There is no minimum amount of fentanyl required to trigger the charge.
The charge doesn’t translate to murder light. It is a first-degree felony, and the penalties are the equivalent of what they are for any other murder charge.
The charge includes a defense for those authorized distributors who are acting within the scope of their professional practice, including medical professionals and pharmacists.
A conviction for fentanyl murder carries a prison sentence of from 5 to 99 years and fines of up to $10,000.
The wording of the bill includes that a person who engages in the following commits the offense of murder:
. . . knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B . . . and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual's body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.
In other words, the intent element for this charge applies to the knowing manufacture or delivery of fentanyl and does not require that the accused intended to cause the victim’s death or to even know that a death would occur.
The new law, however, does not end with manufacturers and dealers of fentanyl but, instead, targets anyone who delivers fentanyl in the legal sense, which includes sharing the drug with someone else. In other words, the accused needn’t be a drug dealer to face a first-degree murder charge related to fentanyl.
Fentanyl
Fentanyl is a synthetic opioid that is far stronger than other opioids like heroin and morphine. The drug is prescribed for pain relief – especially after invasive surgeries and for those who suffer severe chronic pain.
The path to fentanyl addiction often begins with a valid prescription that leads to dependence. The drug has many street names, and it’s often mixed with other drugs like cocaine, meth, and heroin, which increases the risk of dangerous overdoses considerably.
The Statistics
According to The Texas Tribune, the new fentanyl law is symbolic of the state’s war on opioids. Opioid deaths continue to plague the state – rising nearly 400 percent in a recent two-year stretch – with an estimated tally of more than 5,000 deaths from July 2021 to July 2022.
The issue became even more urgent after a number of teens and young adults who thought they were taking the ADHD drug Adderall, died as a result of fentanyl overdoses.
Better Recordkeeping
Far more potent than morphine, fentanyl can prove fatal in even small doses, and the idea behind the new charge is holding those who supply and distribute the drug criminally accountable.
The law also aims to improve recordkeeping in relation to fentanyl deaths, which used to be classified as drug overdoses but now will be specifically classified as fentanyl deaths.
A Recent High-Profile Charge Dropped
A fentanyl murder charge in a high-profile Texas case was recently dropped, and the specifics include:
The victim is a former Tarrant County judge who was in private practice in Texas at the time of his fentanyl overdose in 2023.
The attorney was found dead in his bed in the early morning hours, and the investigators on the scene believed his girlfriend was responsible for providing him with the fentanyl pills that killed him.
The police described the woman at the scene as being both extremely emotional and erratic in behavior
Detectives found an M-30 pill – or an opioid pill that often contains fentanyl – lying on a staircase, as well as a number of other pills and baggies with pills in them strewn around the home.
The girlfriend’s nine-year-old son was also in the home at the time.
The girlfriend had a text in her phone from the alleged fentanyl source that read – getting harder to get pills/get while you can.
Just days after the attorney’s death, a package that was addressed to his girlfriend and that contained dozens of pills believed to be Xanax arrived at his home.
The police claimed that the girlfriend supplied the attorney with the dose of fentanyl that ultimately killed him.
A fentanyl murder charge against the woman came before a grand jury in the summer of 2024, but they failed to indict her.
The fentanyl murder charge is still in its early stages, and the legal impact it will have remains to be seen.
Critics Respond to the New Law
Critics of this legal shift remind lawmakers that the original war on drugs did nothing to stem their use. In fact, no correlation between increased drug penalties and drug usage in those with addictions has ever been shown. Further, in other states that have adopted similar approaches, the rate of overdose deaths has risen.
Finally, the family members and loved ones who happen to be present when victims overdose often end up facing criminal charges – rather than those who supply the dangerous drug.
The stakes are high when facing criminal charges—don’t navigate this alone. Reach out to a trusted criminal defense attorney for guidance.
The Charge of Fentanyl Possession
Being in possession of fentanyl in any form, including all of the following, is against the law in the State of Texas unless you have a legal reason for doing so, such as having a valid doctor’s prescription in your name:
Acetyl fentanyl, butyryl fentanyl, furanyl fentanyl, 3-methyl fentanyl, and valeryl fentanyl – all of which are non-medical fentanyl analogs that are known for their high potency and are associated with illicit opioid markets
Carfentanil, which is significantly stronger than fentanyl and is used as a large animal tranquilizer that is exceptionally dangerous for human use
Elements of the Charge
To be found guilty of fentanyl possession, the prosecution must prove both the following:
That you were in possession of the drug in one form or another, which can mean having it on you but can also mean having it in a place over which you have control, such as in your car or your apartment
That you knew what the drug was and that you knew it was in your possession
Penalties of Possession
Fentanyl is classified as Penalty Group 1-B, and the related penalties depend on the amount of the drug in your possession.
State Jail Felony
If you are charged with possession of less than a gram, it is a state jail felony, and a conviction carries from 6 months to 2 years in a state jail facility as well as fines of up to $10,000.
Third-Degree Felony
If you are charged with possession of from 1 to 4 grams, it is a third-degree felony, and a conviction carries from 2 to 10 years in a state prison as well as fines of up to $10,000.
Second-Degree Felony
If you are charged with possession of from 4 to 200 grams, it is a second-degree felony, and a conviction carries from 2 to 20 years in a state prison as well as fines of up to $10,000.
First-Degree Felony
If you are charged with possession of from 200 to 400 grams, it is a first-degree felony, and a conviction carries from 5 to 99 years in a state prison as well as fines of up to $10,000.
Being in possession of more than 400 grams of fentanyl can lead to life imprisonment – or from 10 to 99 years in prison – and to fines of up to $100,000. Additionally, charges can be enhanced for those with prior convictions on their records.
From your rights to your reputation, there’s a lot at stake with criminal charges. Get the legal support you can trust.
Drug-Free Zones
Penalties are also enhanced for fentanyl possession charges when they occur within a specific distance of a drug-free zone, such as schools, playgrounds, daycare centers, youth centers, and institutions of higher education.
This means that, if the charge is a state jail felony, it will be enhanced to a third-degree felony – and so on. Knowledge that you were in a drug-free zone is not required for the enhancement to apply.
A criminal conviction can have a serious impact on your life, so it’s important to work closely with a skilled Round Rock criminal defense attorney when facing charges of any kind.
The Manufacture or Delivery of Fentanyl
The charge of manufacturing or delivering fentanyl is more serious still. To be convicted of manufacturing the drug, the prosecution must prove beyond a reasonable doubt that you were involved in the creation or production of the fentanyl in some way.
This involvement is not limited to making the illegal drug from scratch but can, instead, refer to any step in the production process.
The charge of delivery is similarly inclusive. You don’t have to hand the drug over to someone to face charges – any form of transferring fentanyl will suffice, including selling it and giving it away.
Finally, you don’t have to be caught in the act of manufacturing or delivering fentanyl to face charges. If the circumstantial evidence adds up to what the prosecution believes is a clear indication that you intended to manufacture or deliver fentanyl, you can be charged.
Penalties
The penalties for manufacturing or delivering fentanyl in the State of Texas also depend on the amount of the drug in your possession.
State Jail Felony
If you are charged with manufacture or delivery and are in possession of less than a gram of fentanyl, it is a state jail felony, and a conviction carries from 6 months to 2 years in a state jail facility as well as fines of up to $10,000.
Second-Degree Felony
If you are charged with manufacture or delivery and are in possession of from 1 to 4 grams of fentanyl, it is a second-degree felony, and a conviction carries from 2 to 20 years in a state prison as well as fines of up to $10,000.
First-Degree Felony
If you are charged with manufacture or delivery and are in possession of from 4 to 200 grams of fentanyl, it is a first-degree felony, and a conviction carries from 10 to 99 years in a state prison – or a life sentence – as well as fines of up to $20,000.
If you are in possession of from 200 to 400 grams, the penalties increase to from 15 to 99 years in prison – or a life sentence – and fines of up to $200,000. And if you are in possession of more than 400 grams, the penalties increase to from 20 to 99 years in prison – or a life sentence – and fines of up to $500,000.
Enhancements
If you have a prior felony conviction on your record, the penalties you face can be bumped up to the next level. This means a second-degree felony charge for manufacture or delivery when you had only 1 to 4 grams of fentanyl in your possession can be enhanced to a first-degree felony charge.
It’s Time to Call an Experienced Round Rock Criminal Defense Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard is a seasoned Round Rock criminal defense attorney whose impressive experience guiding complex fentanyl cases toward advantageous outcomes is well established.
If you’re facing a criminal charge related to fentanyl, your future hangs in the balance, and you shouldn’t put off contacting or calling us at 254-781-4222 to schedule a free consultation and learn more about what we can do to help you today.