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According to recent data released by the Federal Bureau of Prisons, drug crimes now make up almost half of the total number of people in prison. A new law in Texas only promises to increase those prosecuted. The law increases criminal penalties and allows prosecutors to seek murder charges in connection with manufacturing, selling, and/or distributing fentanyl in connection with fentanyl-related deaths. One such charge is already moving forward in Central Texas, where an 18-year-old has been charged in connection with a fentanyl-related death of a 15-year-old student. 

Delivery of a controlled substance or marijuana to a minor has historically been changed as a second-degree felony here in Texas, but prosecutors are now expected to file an additional charge of felony murder in these cases, which occurs when someone dies in the course of a felony being committed and can be distinguished from Capital Murder in that intent is not required. The current individual being charged with felony murder for the fentanyl death has had his bond set at $100,000 for the delivery charge and $300,000 for the murder charge.

Concern: New Law Misses the Mark

The new law has brought a number of concerns from the community, with worries that more of those struggling with addiction will end up in prison as opposed to obtaining the help they need to address the root of the problem. Concerns reflect growing worries that those who fall victim to new laws like these, which seek to crack down on the fentanyl epidemic, are more likely to ensnare those who may be occasional and/or regular drug users as opposed to more serious drug dealers and traffickers. 

Experts in the field have, time and time again, pointed out that incarceration does absolutely nothing to help those struggling with addiction issues. Advocates of reform have continued to push for a greater focus on investing in prevention and recovery programs, one of them being fentanyl testing strips. However, tools like these are still classified as drug paraphernalia under the Texas Controlled Substances Act, making it illegal for people to conduct their own tests (in spite of their proven ability to reduce death and suffering in connection with fentanyl use). 

Fort Worth, Texas Drug Crime Defense Attorney

If you are facing a drug charge here in Texas, you are likely frightened and wondering how to ensure that your rights are protected. The Carreras Law Group, P.C. is prepared to fight for you. Contact us today to find out more about our services defending clients.