Fentanyl is a potent synthetic opioid that has become a major concern in Central Florida as well as the entire United States due to its involvement in overdose deaths and illicit drug trade. Law enforcement in Central Florida has created special task forces that are focused on cracking down on the possession and trafficking of fentanyl. Our Orlando drug trafficking lawyers will explain the things you should know if you or someone you know has been charged with a crime involving fentanyl.
Street Slang
Fentanyl is often referred to by using street slang that can include terms with the country of origin such as China Girl or China Town. Some of the more common street terms for Fentanyl include:
Fire, Dance Fever, Friend, TNT, Tango and Cash, Murder 8, He-Man, Great Bear, Goodfella, Crazy One, or Dragons Breath.
Some of the terms used when Fentanyl is mixed with other drugs include: Takeover (Fentanyl and Cocaine), Dirty Fentanyl (Fentanyl and Cocaine), and Chiva Loca (Fentanyl and Heroin)
Fentanyl Trafficking Penalties
Florida law imposes strict penalties for fentanyl trafficking. The severity of punishment depends on the quantity of fentanyl involved:
- 4 to 14 grams: Trafficking 4 grams or more but less than 14 grams of fentanyl shall be sentenced to a minimum mandatory 7 years of prison with a fine of $50,000.
- 14 to 28 Grams: Trafficking between 14 and 28 grams of fentanyl is a first-degree felony. Conviction can result in a mandatory minimum sentence of 20 years in prison with a $100,000 fine.
- More Than 28 Grams: If the quantity exceeds 28 grams, the penalties escalate significantly. Defendants face a minimum mandatory 25-year sentence and could receive life imprisonment without parole as well as a $500,000 fine.
- Sale to a minor: A person 18 years of age or older who knowingly sells or delivers fentanyl to a minor that looks like candy or food, or has a marking that resembles a genuine product, or contains a cartoon character imprint; faces a mandatory minimum term of not less than 25 years and not exceeding life imprisonment and shall be ordered to pay a fine of $1 million.
Death Resulting from Fentanyl Sale
When someone dies as a direct result of fentanyl purchased from a seller, the legal consequences can be severe:
- First-Degree Felony Murder: Florida House Bill 95 elevates the charge for trafficking fentanyl to first-degree felony murder if the user dies. This means that the seller can be charged with murder even if they did not intend to cause the death.
- Causation and Intent: Prosecutors must establish a causal link between the fentanyl sale and the user’s death. Intent to distribute the drug is sufficient for this charge, regardless of whether the seller knew the specific victim or intended harm.
- Penalties: If convicted of first-degree felony murder, the seller faces life imprisonment or even the death penalty, depending on the circumstances and the prosecutor’s discretion.
Gang Involvement
Gangs often play a role in fentanyl distribution. Central Florida law enforcement agencies actively target gang members involved in drug trafficking. RICO indictments allow authorities to prosecute gang members as part of a criminal organization.
Conclusion
Florida’s commitment to combating fentanyl trafficking underscores the seriousness of this issue. Sellers must be aware of the legal risks associated with fentanyl sales, especially when lives are at stake. If you have been charged with a Fentanyl-related offense, you should contact an experienced Orlando drug crime attorney at Moses and Rooth Attorneys at Law immediately. We are all former prosecutors with extensive experience in the possession and trafficking of Fentanyl.