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New laws / 8.20.2024

New Tennessee Law: Increased Penalties for Fentanyl Possession

Fentanyl is a powerful synthetic opioid that is similar to morphine but 50 to 100 times more potent. It's a prescription drug used to treat severe pain, but it's also increasingly being illegally manufactured and mixed into counterfeit pills or other drugs. This can be extremely dangerous, as even a small amount of fentanyl can be deadly.

In response to the growing crisis of fentanyl-related overdoses, Tennessee passed the "One Pill Will Kill Act" in 2023. This law significantly increases the penalties for possessing fentanyl in the state.

The Dangers of Fentanyl 

Fentanyl is a synthetic opioid that is 50-100 times more potent than morphine. It's often illegally manufactured and mixed into counterfeit prescription pills or street drugs like heroin and cocaine. This creates a lethal risk for unsuspecting users, as even small amounts can cause overdose and death.

The rise of fentanyl has contributed significantly to the national opioid epidemic, with Tennessee experiencing a surge in overdose deaths related to the drug. The "One Pill Will Kill Act" aims to address this issue by deterring the possession and distribution of fentanyl.

What is the "One Pill Will Kill Act"?

The "One Pill Will Kill Act" is a Tennessee law that went into effect on July 1, 2023, significantly increasing penalties for fentanyl possession. Previously, fentanyl possession was illegal, but the severity of punishment varied based on the amount involved and the intent. Under the new law, possessing more than 0.5 grams of fentanyl is now a Class B felony, carrying a potential sentence of eight to thirty years in prison and a fine of up to $100,000. The law covers possession, delivery, and manufacturing of fentanyl.

What are the Penalties for Fentanyl Possession in Tennessee? 

Tennessee law now classifies fentanyl possession as a Class B felony if the amount exceeds 0.5 grams. This is a serious charge with significant consequences. Here's a breakdown of potential penalties:

  • Eight to 30 years in prison: This is the potential prison sentence for a Class B felony. The actual sentence length will be determined by the court based on various factors, including your criminal history, the specific circumstances of the case, and the amount of fentanyl involved.
  • Fines: You can face substantial fines of up to $100,000 in addition to imprisonment.
  • Probation: In some cases, the court may grant probation instead of prison time. However, probation comes with strict conditions, and any violation can result in jail time.
  • Loss of driver's license: A fentanyl conviction can lead to the suspension or revocation of your driver's license.
  • Long-term consequences: A felony conviction can have long-term consequences on your employment opportunities, housing options, and professional licenses.

Facing Fentanyl Charges? Herbert & Lux Can Help

Being charged with fentanyl possession in Tennessee can be a frightening experience. However, you don't have to face these challenges alone. Herbert & Lux, a team of experienced criminal defense attorneys in Nashville, can help you navigate the legal system and protect your rights.

We understand the complexities of Tennessee drug laws and have a proven track record of successfully defending clients facing fentanyl charges. Our attorneys will work closely with you to investigate the case, explore potential defenses, and pursue the best possible outcome.

Here's how Herbert & Lux can assist you:

  • Investigate the arrest: We will thoroughly review the circumstances of your arrest and ensure your rights were not violated by law enforcement.
  • Explore potential defenses: Depending on the specific facts of your case, we may be able to develop a strong defense strategy. This could include challenging the legality of the search and seizure, arguing for a lesser charge, or exploring the possibility of pretrial diversion programs.
  • Negotiate with prosecutors: Our experienced attorneys can negotiate with prosecutors on your behalf to seek a reduced charge or a favorable plea bargain.
  • Represent you in court: If your case goes to trial, we will provide strong and experienced legal representation in court.

Don't hesitate to contact Herbert & Lux for a free consultation. We are available 24/7 to discuss your case and provide the legal guidance you need. Call us at (615) 878-5537 or visit our website to schedule a consultation.

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