Fentanyl Possession Charges

In the past several years, there has been increased concern about fentanyl use in Texas and all over the United States, for that matter. Fentanyl is a synthetic opioid that is very powerful. In fact, it is 100 times stronger than morphine. Just 2 milligrams of the drug can be lethal.

Fentanyl is often mixed with other drugs, such as cocaine, heroin, and methamphetamine. Even fake pills that look like oxycodone, hydrocodone, and alprazolam may contain fentanyl. Because of this, it is possible for someone to ingest fentanyl and not even know it.

Like many other drug crimes, Texas imposes severe penalties for those who possess or sell fentanyl. Fentanyl even has its own penalty group (Penalty Group 1B). Here’s a look at what you can expect if you are accused of fentanyl crimes.


Those charged with possessing or selling fentanyl can face strict penalties. You won’t get a misdemeanor. The criminal charges range from a state jail felony to a first-degree felony.

  • Possessing or selling less than 1 gram of fentanyl is a state jail felony, including a prison sentence of 180 days to two years.
  • Possessing or selling 1-4 grams of fentanyl is a third-degree felony, including a prison sentence of 2-10 years.
  • Possessing or selling 4-200 grams of fentanyl is a second-degree felony, including a prison sentence of 2 to 20 years.
  • Possessing or selling 200-400 grams of fentanyl is a first-degree felony, including a prison sentence of 5 to 99 years. A life sentence is also possible.

As you can see, the higher the amount of fentanyl you have in your possession, the more severe your penalties will be. Fines can range from $10,000 to $250,000.

Also, Texas lawmakers recently passed House Bill 6, which creates the criminal offense of fentanyl murder. This involves supplying fentanyl that results in death. It enhances the criminal penalties for the manufacturing or delivery of fentanyl. The bill also requires deaths caused by fentanyl to be designated as fentanyl toxicity or fentanyl poisoning on a death certificate.

Because fentanyl is often mixed with other drugs, you may not even know that you have it in your possession. It does not matter. You can still be charged with a crime. This can be a frustrating situation, which is why you need strong criminal defense lawyer on your side.

Contact Our Texas Drug Crime Defense Lawyer Today

Fentanyl is a strong opioid that can cause death with just a few milligrams. As such, Texas imposes harsh penalties for those who sell it or even have it in their possession. It is crucial that you seek legal help from an Austin criminal defense lawyer right away.

The team at Granger and Mueller PC has 30 years of experience at every level, including every criminal trial court in Travis County. We will protect you from adverse consequences. Schedule a consultation today by calling (512) 474-9999 or filling out the online form.