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Possession of Fentanyl (2022 Update)

In an earlier post, I wrote that simple possession of fentanyl was a misdemeanor Schedule II offense under then-current law. No more. Effective Dec. 1, 2021, fentanyl possession in any amount is treated as a felony. I have been receiving calls about the change and thought a brief post would be useful. Read on for the details.

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Possession of Fentanyl

In keeping with my recent work in the Chapter 90 realm, here is another issue, presented in pop quiz form. Without peeking at the statutes:

What is the appropriate charge for a possession-only amount of fentanyl?

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