What If I’m Charged with Possession of Fake Percs, Fake Xanax, Fake Oxy, Fake M-30s in Minnesota?
Can you be charged with possession of Fake Perks, Fake Xanax, Fake Oxy, Fake M-30s in Minnesota? Absolutely. In fact, there are certain circumstances when the fact that they are fake can actually make it far worse than if they were real? It comes down to one word: fentanyl.
What’s in a Name?
They go by lots of names: Fake Perc, Fake M-30s, Fake Oxy 30’s, Fake Oxycodone 30’s, Fake Adderall, Fake Norco, Fake Xanax. Frequently, these counterfeit drugs are manufactured to look like legitimate medications and can be extraordinarily difficult to tell apart. And yet, they may all have one thing in common, the same underlying ingredient, fentanyl. Worse, its that underlying drug, not the name of what you think you have, that Minnesota will use to charge you.
For more information on drug charges in Minnesota, click here.
Why is Fentanyl so Aggressively Prosecuted in Minnesota?
Minnesota has determined that fentanyl falls into the highest penalty group, a Schedule 1 Substance, because of the potential for damage to society and because it is so potentially dangerous. Therefore, even trace amounts may be prosecuted as 5th degree felony possession charges, which could result in
Up to 5 years in prison;
Up to a $10,000 fine;
A Felony conviction.
With larger amounts or with intent to distribute fentanyl could result in as much as a 40 years in prison and up to a $1,000,000 fine. And remember, because of its frequently unknown strength or potency, fentanyl can have unforeseeable effects on people, thinking they are taking one thing while they are actually taking another. If you provide the substance, you could be criminally liable.
Click here for more on fentanyl and exposure.
Why are Fake Pills So Popular?
Fentanyl is a frequently used ingredient found in Fake Perc, Fake M-30s, Fake Oxy 30’s, Fake Oxycodone 30’sm Fake Adderall, Fake Norco, Fake Xanax and others for three reasons:
Access: Drug traffickers can get it;
Price: Fentanyl, a synthetic opioid, is cheap;
Power: Fentanyl is extraordinarily power.
In the end, it is this popularity along with its extraordinary power that makes it as dangerous as it is because in the end, people may not know what they are taking or what those effects will be.
What Happens if I Didn’t Know?
It may not matter. The question isn’t necessarily knowledge, it is possession or distribution. In the event the Minnesota can prove that you possessed or intended to distribute a product, and that product contained fentanyl, you could face serious criminal prosecution.
Consider, not only could many of these counterfeit drugs be laced with fentanyl, this could even be true of marijuana, Delta 8 or Delta 10. So, something that you would never expect to be a felony could become one in Minnesota very quickly.
What is the Worst Case Scenario?
In the worst case, providing drugs to another that they willingly take, overdose and die because they were laced with this powerful synthetic opioid, that person could face Murder 3 charges in Minnesota, even if they didn’t know that the substance contained fentanyl. If you are facing these kinds of charges, contact an experienced drug defense attorney immediately.
When you really need the best criminal defense lawyer in Minnesota
If you are facing possession of Fake Perks, Fake Xanax, Fake Oxy, Fake M-30s in Minnesota, you absolutely need an experienced criminal defense attorney. Jack Rice is an award criminal defense attorney and was, just recognized as the Minnesota Attorney of the Year. He is a former prosecutor, a Board Certified Criminal Law Specialist, and the founder of Jack Rice Defense. Contact Jack for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.