Unknowingly Possessing Fentanyl in Other Drugs in Atlanta

Fentanyl overdoses are on the rise throughout the United States. Just yesterday, the toxicology report on former NHL player Jimmy Hayes showed a mixture of fentanyl and cocaine in his system. NPR did an article in July on the increase in Fentanyl being mixed with so called “party” drugs like cocaine here. And there are weekly reports on the news in Atlanta about pounds of pure Fentanyl as well as Fentanyl laced pills being seized in drug arrests all over the metro area.

It’s not unprecedented to see drugs that provide different types of highs mixed together in use, but generally they are not mixed together prior to consumption. Cocaine, MDMA, or ecstasy is generally not laced with Fentanyl, but over the past year, the rate in which fentanyl is being found in other drugs has increased almost three fold. This creates two potential major legal issues for someone who has a substance which unknowingly contains Fentanyl.

  1. You can potentially be charged with possession of a drug which you had no knowledge was in your possession.

  2. If you give your drugs to someone and they overdose because of Fentanyl or another substance, you can potentially be charged with felony murder based on the distribution of the substance.

While there may be defenses to unknowing possession, it is important to be aware that these issues are out there. Knowledge is one of the great protectors of putting yourself in a difficult position. If you have any questions about unknowing possession of controlled substances, feel free to reach out by call or text at 678-753-6431.

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