Over the past several years, fentanyl has become one of the most dangerous drugs in the United States, and Texas lawmakers have responded with some of the harshest penalties in the country. From the creation of an entirely new penalty group to a law that allows prosecutors to file murder charges, Texas has dramatically changed how fentanyl cases are handled.
If you or a loved one has been arrested on a fentanyl-related charge, the stakes are high. Understanding how these laws work is the first step toward protecting your rights. In this post, the attorneys at MC Criminal Law explain the new Texas fentanyl laws, the penalties involved, and how a strong defense can make all the difference.
Why Texas Treats Fentanyl Differently
Fentanyl has become a leading cause of overdose deaths across the country. Its extremely high potency – often 50 to 100 times stronger than morphine – means even tiny amounts can be lethal. As overdose deaths surged, Texas lawmakers enacted stricter laws specifically targeting fentanyl-related offenses.
The biggest change was the creation of Penalty Group 1-B, a separate classification exclusively for fentanyl and fentanyl derivatives. This group carries some of the harshest drug penalties in Texas, even for small amounts. According to legislators, the goal is to deter manufacturing, distribution, and large-scale possession.
However, the reality is that many people caught with even a small amount of fentanyl now face extremely serious felony charges and sentencing ranges far harsher than before.
Fentanyl Penalties in Texas: Possession, Manufacture, and Delivery
Possession of Fentanyl (Penalty Group 1-B)
Possession charges depend on the weight of the substance, but fentanyl-related cases escalate quickly. Even trace amounts can lead to a state jail felony, and higher weights move rapidly into second-degree or first-degree felony ranges.
Typical punishment ranges include:
- Less than 1 gram: State jail felony
- 1–4 grams: Third-degree felony
- 4–200 grams: Second-degree felony
- 200–400 grams: First-degree felony
- More than 400 grams: Enhanced first-degree felony with a minimum of 10 years
These penalties are significantly harsher than comparable amounts of most other controlled substances.
Manufacture or Delivery of Fentanyl
Texas treats the manufacture, distribution, or delivery of fentanyl even more aggressively. The penalties mirror possession weight brackets but come with higher minimum sentences, including potential life sentences for large amounts.
For certain quantities, probation is not an option at all.
The Fentanyl Murder Law in Texas
One of the most significant changes is found in Texas Penal Code § 19.02, which now allows prosecutors to charge a person with murder if they manufacture or deliver fentanyl that results in someone’s death.
What makes this law especially severe is that:
- Intent is not required
- Indirect involvement can result in murder charges
- A person can be charged even if they didn’t know the fentanyl they provided was lethal
- The law’s focus is causation, not intent or knowledge
In other words, if the state believes a sale, distribution, or exchange of fentanyl contributed to a fatal overdose, the individual who provided it could face 5–99 years or life in prison.
This is a major shift in how overdose cases are prosecuted in Texas.
No Probation for Serious Fentanyl Cases
For manufacture or delivery of 4 grams or more of fentanyl, Texas law prohibits judges from granting probation. That means:
- If convicted, prison time is mandatory
- Even a first-time offender cannot receive probation
- Plea negotiations become more challenging
- Trial strategy becomes critically important
This absolute ban dramatically raises the stakes for anyone accused of distributing fentanyl.
Defending Against Fentanyl Charges in Texas
Being charged does not mean you will be convicted. Fentanyl cases are complex, and many defenses may apply. At MC Criminal Law, we challenge every part of the state’s case, including:
Lab Testing Issues
Fentanyl testing is notoriously difficult; false positives and lab errors happen often. We scrutinize every result.
Chain of Custody Problems
If the state cannot prove how the evidence was preserved and handled, the case may be weakened, or the evidence could be thrown out.
Illegal Search and Seizure
If police violated your constitutional rights, we move to suppress the evidence. Without the drugs, the case may collapse.
Insufficient Evidence
Possession must be proven beyond a reasonable doubt. Proximity is not enough.
Causation in Overdose Cases
In fentanyl-related murder indictments, the state must prove the fentanyl was the actual cause of death — something that is far from simple in many cases.
Our job is to attack the state’s case from every angle, expose weaknesses, and fight for the best possible outcome.
Why We Care About Fentanyl Cases
At MC Criminal Law, we don’t just defend fentanyl charges; we deeply care about the human impact of these cases. Here’s why fentanyl is especially dangerous, and why we take these matters seriously:
Fentanyl is Prevalent and Deceptive
Fentanyl is now widely available, and it’s often disguised as other drugs — especially pills that mimic more familiar, “safer” medications. According to reports, many counterfeit pills pressed to look like oxycodone (especially the “M30” blue pill) are in fact pure fentanyl.
This means people – including young users – may take what they believe is a prescription-type drug — but are really ingesting a deadly synthetic opioid. In other words, individuals “dabbling” in drug use may not even know they’re handling fentanyl.
Even Prescription Drugs Are Not Safe
Fentanyl isn’t just a threat in illicit street drugs; counterfeit pills are sometimes made to resemble Adderall or other stimulants.
Because these counterfeit versions are sold illegally and outside regulated pharmacies, people taking what they think is a “safe” or prescribed stimulant may actually be putting themselves at risk of a fatal overdose.
The Crisis is Bigger Than Criminal Charges
With fentanyl’s rise, the dangers of drug use have grown exponentially. Many people simply don’t know what they’re taking, which makes relapse more unpredictable and deadly. When we defend clients charged with fentanyl offenses, we’re not just advocating in court: we also help connect them to addiction treatment, therapy, and long-term care. We know that recovery matters and that relapses involving fentanyl can be especially risky because of the drug’s potency.
Real Stories, Real Consequences
The Dallas Morning News series Deadly Fake: 30 Days Inside Fentanyl’s Grip on North Texas documented how fentanyl is not just hiding in other pills — it’s masquerading as them.
As journalist Sharon Grigsby put it: “It’s straight up fentanyl … it is actually all fentanyl that has been pressed by a machine to resemble something it’s not. So it’s just fentanyl, plus the fillers.” Grigsby also highlighted a deeper crisis: “There’s this one, which is people who are seeking out fentanyl … But there’s an equal crisis out there … those are the people who aren’t looking for fentanyl … they may be looking for a Percocet … and they are poisoned by a pill that’s disguised to look like something else.” Their reporting underscores how insidious the issue is and how easily lives, especially of young or unsuspecting people, can be destroyed by a single pill.
Facing Fentanyl Charges? MC Criminal Law Can Help
Texas takes fentanyl crimes extremely seriously, but being accused is not the same as being guilty. You deserve a defense team that understands the science, the law, and the high-stakes nature of these cases. At MC Criminal Law, that’s why we fight — not only to defend your rights, but to advocate for treatment and recovery when it’s needed most.
At MC Criminal Law, we fight aggressively for our clients facing fentanyl charges because your future is worth defending. If you or a loved one has been arrested on a fentanyl-related charge, contact us immediately. The sooner you reach out, the more options we have to protect you.