If you pay attention to the news, you’ve probably heard a lot about fentanyl. Fentanyl is at the center of the opioid crisis sweeping across the United States. Here in Maryland, the situation is especially concerning. Overdose rates are climbing, and the state has taken aggressive steps to crack down on fentanyl-related crimes.

The DEA reports that over 2,000 people died from overdoses in Maryland from July 2023 to June 2024, and more than 1,600 of these cases were fentanyl-related.

If you or someone you love is facing a fentanyl charge in Maryland, the drug crime defense attorneys at Carey Law Office can help. Today, we want to talk about the current laws, recent changes, and state initiatives aimed at addressing the fentanyl crisis and how a strong defense can make all the difference in your case.

What is fentanyl?

Fentanyl is a synthetic opioid, which means it’s created in a lab instead of being derived from a natural source like the opium poppy. Doctors often prescribe it for severe pain, like cancer patients or post-surgery recovery. However, the fentanyl that makes headlines isn’t coming from a pharmacy – it’s being produced illegally and sold on the street.

What makes fentanyl so dangerous is its potency. It’s about 50 to 100 times stronger than morphine and more powerful than heroin. Just a few milligrams, which is small enough to fit on the tip of a pencil, can be fatal. Dealers often mix fentanyl with other drugs like heroin, cocaine, or even counterfeit prescription pills, which means users may not even know they’re taking it. This issue has led to a surge of overdoses in Maryland and throughout the rest of the country.

What are Maryland’s current fentanyl laws and penalties?

If you’re caught with fentanyl, whether for personal use or distribution, you could face significant legal consequences. Here’s what the law says.

Possession of fentanyl

Possession of even a small amount of fentanyl is a felony in Maryland. Unlike marijuana, which the state has decriminalized for personal use, fentanyl is still classified as a Schedule II controlled dangerous substance. Penalties for possession include fines of up to $25,000 and up to four years in prison.

The court may consider alternatives to incarceration for first-time offenders, such as probation or a drug treatment program. Repeat offenders, though, or those with prior drug convictions, are more likely to face jail time. With repeat offenses, the fines also increase – potentially up to $100,000.

Distribution and trafficking

The penalties are even harsher if you’re caught selling or distributing fentanyl. Penalties for distribution and trafficking include up to 20 years in prison and fines of up to $100,000. If you’re caught with a large quantity of fentanyl, prosecutors might pursue drug trafficking charges, which can carry even more severe penalties.

Fentanyl-related overdose deaths

Maryland also has laws targeting drug dealers whose actions result in a fatal overdose. If someone sells or distributes fentanyl to another person who later dies from an overdose, the dealer can be charged with homicide or manslaughter. Prosecutors often aggressively pursue these cases, and a conviction could result in a lengthy prison sentence or even life in prison.

Are there any recent legal changes to Maryland’s fentanyl laws?

In response to the escalating fentanyl crisis, Maryland has made several changes to its drug laws over the past few years. These changes are designed to deter drug-related crimes and also reduce the number of overdose deaths.

Expanded Good Samaritan Law

Maryland’s Good Samaritan Law encourages people to call 911 during an overdose without fear of being arrested for drug possession. The law was recently expanded to provide broader protections. For example, someone who is on probation or parole is now protected if they seek emergency help during an overdose.

Legalization of fentanyl test strips

Fentanyl testing strips, which allow users to test their drugs for the presence of fentanyl, used to be considered drug paraphernalia in Maryland. Today, however, the state has legalized their use and distribution. These strips are available in pharmacies, health clinics, and even through some community organizations. The state views fentanyl testing strips as a harm reduction tool that can prevent accidental overdoses.

How is Maryland fighting the fentanyl crisis?

In addition to these legal changes, the state has also launched several initiatives to address the fentanyl crisis. Their initiatives focus on prevention, treatment, and community education.

Overdose prevention sites

Maryland has explored the use of overdose prevention sites, where individuals can use drugs under medical supervision. These sites provide a safe environment where trained staff can intervene in the event of an overdose and connect individuals with treatment services. While still rare in the United States, these sites have shown promise in reducing overdose deaths and helping people into recovery programs.

Increased access to naloxone (Narcan)

Naloxone, more commonly known by the brand name Narcan, is a medication that can reverse the effects of an opioid overdose. Maryland offers access to Narcan by distributing it at community events, through pharmacies, and even through the mail in some counties. A bill in the Maryland House aims to place Narcan in schools across the state.

Law enforcement training

Maryland has also invested in training law enforcement officers to handle fentanyl-related situations safely. This includes recognizing the signs of an overdose, administering Narcan, and safely handling fentanyl to avoid accidental exposure.

Are you facing fentanyl charges in Maryland?

If you’ve been charged with a fentanyl-related offense here in Maryland, you likely have a lot of concerns. The penalties are severe, and the state takes these cases very seriously. But it’s important to remember that you have rights, and the skilled criminal defense attorneys at Carey Law Office can guide you through the legal system.

In cases like these, we can fight back in several ways, including by challenging the evidence. For example, was the fentanyl found during an illegal search? If so, our team can work to suppress the evidence. Or, we might question intent. This means that if you were charged with distribution, we might argue that the drugs were for personal use and not for sale. Finally, for first-time offenders or individuals struggling with addiction, we may advocate for drug treatment programs instead of jail time.

Of course, every case is different, and your best defense strategy depends on the specific facts of your case.

If you or a loved one have been charged with a fentanyl-related crime in Maryland, don’t wait to seek legal help. The experienced drug crime defense attorneys at Carey Law Office understand Maryland’s drug laws and can build a strong defense tailored to your case. We’re prepared to fight to protect your rights and your future. Don’t delay. Call or fill out our contact form to schedule a confidential consultation today.