Fentanyl Eradication & Removal Act 2025

Fentanyl-related Charges and Defenses

Fentanyl overdoses have surged as one of the most critical public safety threats facing Georgia. This fact prompted lawmakers to implement new, aggressive measures focused on Fentanyl. The Fentanyl Eradication & Removal Act was enacted to decisively combat the manufacture, distribution, and possession of fentanyl within Georgia.

This article includes information on charges, penalties, defense strategies, sentencing guidelines, and more. This article is especially valuable to anyone arrested for Fentanyl related charges.

Have you been charged with a Fentanyl related crime? If so, you need to consult with drug crimes attorney as soon as possible. Your case will be aggressively prosecuted. Call us at 678-880-9360.

Why are Fentanyl crimes aggressively pursued in Georgia? This Georgia legislation affects Georgia and can have a broader national impact. A large percentage of illegal substances trafficked in the eastern United States moves through Atlanta. Fentanyl arrests in Georgia are a top priority for federal, state, and local law enforcement.

This Act establishes stringent penalties to fight Fentanyl activity. The potential consequences are designed to deter trafficking and reduce Fentanyl-related deaths. Anyone arrested for Fentanyl crimes is facing harsh prosecution, including jail or prison.

Background: Origins of the Fentanyl Act

Understanding the background of the Act, its intended purpose, and the specifics of criminal charges and sentencing reveals a comprehensive framework aimed at turning the tide on this devastating epidemic.

Fentanyl, per the CDC website, "is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine"¹. Illegally manufactured Fentanyl can be up to 100 times stronger than morphine.

Fentanyl can be legally produced pharmaceutical Fentanyl or illegally made Fentanyl. Both are cclassified as synthetic opioids. Pharmaceutical Fentanyl may be prescribed by physicians to treat severe pain. Illegally made Fentanyl is produced strictly for profit, with no regard for human life.

Illegally produced fentanyl is sold on the street in liquid and powder forms. Powdered Fentanyl is commonly mixed with heroin, cocaine, and meth. Legitimate pharmaceutical products (i.e., OxyContin, Xanax, etc.) may be laced with Fentanyl. These powerful, Fentanyl laced drugs cause thousands of overdose cases every year.

This opioid has increasingly infiltrated illicit drug markets across the U.S., resulting in unprecedented overdose deaths. Per the Legis.GA.gov website, "In 2021, nearly 1300 Georgians died from an overdose involving fentanyl.

From 2019-2021, fentanyl overdose deaths have increased by 230%"². Over time, the dangers associated with fentanyl exposure have expanded beyond users to law enforcement and emergency personnel due to accidental contact risks.

Building On Existing Laws

The state previously relied on broader controlled substance laws and federal statutes, but the rapid growth in Fentanyl-related deaths necessitated focused legislation. This Act was developed through collaboration among public health experts, law enforcement, and legislators. They recognized a need for new laws to disrupt Fentanyl trafficking and severely prosecute traffickers.

Purpose: Objectives and Scope of the Law

The Fentanyl Eradication & Removal Act aims to achieve the following:

• Eliminate the distribution and manufacturing of fentanyl within Georgia
• Protect communities from overdose outbreaks by restricting illicit availability
• Strengthen sentencing to deter trafficking and large-scale possession
• Support law enforcement with tools for investigation and interdiction
• Heighten public awareness around the risks posed by fentanyl and its analogs

This law specifically targets fentanyl and chemically similar analogs, distinct from other opioids, due to the unique magnitude of harm associated with their misuse.

Defining Offenses and Penalties

The legislation precisely defines fentanyl-related crimes, categorizing offenses by quantity possessed or trafficked, intent, and prior convictions. Key charges include:

• Possession of Fentanyl or Analogs: Possession of any amount with intent to distribute or personal use
• Manufacture of Fentanyl: Illegal production of fentanyl or its analogs, including precursor chemicals
• Trafficking and Distribution: Sale, transport, or facilitation of fentanyl delivery, particularly in large quantities
• Conspiracy and Attempt: Planning or attempting fentanyl-related offenses even if the act is not completed

The act authorizes enhanced penalties if fentanyl possession or trafficking occurs near schools, hospitals, or places where children are present.

Sentences and Fines: Consequences of Conviction

Convictions under the act carry severe sanctions designed as a deterrent and to incapacitate repeat offenders. Sentencing varies by the offense and presence of aggravating factors:

• Simple Possession: Misdemeanor or felony based on quantity; penalties range from probation and fines to multi-year imprisonment
• Possession with Intent to Distribute: Felony charges with prison terms typically spanning 5 to 20 years, depending on the amount
• Trafficking Large Quantities: Felonies with mandatory minimum sentences that can exceed 20 years and substantial fines over $100,000
• Manufacture and Distribution Rings: Long-term imprisonment may include life sentences in severe cases, especially if linked to deaths
• Additional Enhancements: Sentences increase if offenses occur near protected zones or if the defendant has prior felony drug convictions

The act also authorizes asset forfeiture of property connected to fentanyl trafficking, supporting law enforcement efforts.

Trafficking: Mandatory Minimum Sentences

The new law implements sentences based on the weight of fentanyl or fentanyl-laced mixtures:

• 4-14 grams: Mandatory minimum 5 years in prison, no eligibility for parole during that period.
• 14 grams to less than 28 grams: Significantly increased sentences, mandatory minimums reaching 10–15 years.
• 28 grams or more: The most severe penalties, mandatory minimums 25–35 years, potential life sentence (especially for high-level Fentanyl traffickers).

All convictions under the Act also carry fines ranging from $75,000 up to $750,000. The quantity of Fentanyl involved is the main factor in assessing the amount of fines.

Legal Definitions Within the Act

Precise definitions underpin clear enforcement, including:

• Fentanyl and Analogs: Compounds chemically related to fentanyl as defined by the Controlled Substances Act, including synthetic derivatives
• Possession: Physical control or dominion over fentanyl, whether on a person or premises
• Intent to Distribute: Evidence that fentanyl was meant for sale or transfer rather than personal use, determined through factors like packaging or communications
• Trafficking: Transporting fentanyl across jurisdictions for distribution
• Protected Zones: Areas like schools, daycare centers, and hospitals where crimes carry enhanced penalties

Enforcement and Investigative Tools

The act equips law enforcement with expanded investigative authorities, including:

• Increased funding for overdose detection and body-scan technologies
• Authorization of controlled buys and electronic surveillance specific to Fentanyl cases
• Inter-agency data sharing to track fentanyl networks and precursor chemical shipments
• Enhanced training focused on first responder safety and Fentanyl detection protocols
• These efforts reflect a shift toward intelligence-led policing and multi-disciplinary cooperation.

Case Study: Impact on a Major Trafficking Operation

In a landmark prosecution since the Act’s adoption, Georgia authorities dismantled a major Fentanyl distribution ring involving interstate trafficking. Utilizing tools provided by the legislation, law enforcement executed arrests leading to convictions with sentences exceeding 15 years for top offenders.

This case underscored the act’s capacity to strengthen the legal position of prosecutors and increase penalties, sending a clear message to traffickers and providing local communities with a blueprint for effective collaboration.

Common Defense Strategies

Defendants charged under the act may assert defenses such as:

• Challenging the chemical identification of substances as fentanyl or an analog
• Disputing intent to distribute for mere possession cases
• Alleging improper search and seizure violating Fourth Amendment rights
• Claiming entrapment in controlled buy scenarios

Successful defense requires careful scrutiny of evidence, chain of custody, and procedural compliance by investigators.

Common Mistakes to Avoid When Facing Charges

Those charged with Fentanyl offenses should be aware of pitfalls:

• Underestimating the seriousness of charges related to minimal amounts
• Failing to retain experienced legal counsel familiar with the act’s nuances
• Negotiating plea deals without understanding potential long-term consequences
• Disregarding evidence preservation and communication restrictions imposed by counsel

Thoughtful legal strategy is essential to navigate this complex landscape.

Implications: Healthcare and Criminal Justice

The act deeply influences both the healthcare and criminal justice systems:

• Healthcare Providers: Must navigate increased reporting requirements and cooperate with law enforcement investigations related to fentanyl-related incidents
• Justice System: Faces resource demands from prosecutions and the necessity for specialized training on fentanyl’s unique dangers
• First Responders: Carry new protocols for handling potential fentanyl exposure and administering life-saving interventions like naloxone

These sectors must collaborate closely to balance enforcement, treatment, and harm reduction.

Future Trends and AI-Driven Innovations in Fentanyl Control

Looking ahead, artificial intelligence and data analytics are emerging as vital tools for fentanyl interdiction efforts by predicting trafficking patterns and identifying at-risk populations. AI-powered monitoring systems could automate detection of synthetic opioids through advanced chemical analysis and environmental sensing.

Such innovations promise to enhance enforcement precision, optimize public health outreach, and improve outcomes while reducing reliance on traditional resource-heavy methods.

Mental Model: The “Three Pillars” Framework in Fentanyl Policy

This mental model clarifies how effective fentanyl legislation operates across three pillars:

• Prevention: Public education, early intervention, and harm reduction strategies
• Enforcement: Strong legal consequences, investigative support, and interagency cooperation
• Treatment: Access to addiction services, counseling, and overdose reversal

The Fentanyl Eradication & Removal Act primarily strengthens the enforcement pillar while acknowledging the necessity of the other two for a sustainable response.

The Fentanyl Eradication & Removal Act represents advancements in Georgia’s ongoing battle against the growing opioid epidemic. This Act combines enhanced penalties with robust enforcement tools. The act establishes a formidable legal framework to disrupt fentanyl trafficking and reduce overdose fatalities.

As law enforcement adapts with AI-enabled technologies and public health integrates prevention and treatment, this legislative model offers a comprehensive approach to one of the state’s most urgent public health crises.

Arrested for Fentanyl Related Crimes?

If you have been arrested for Fentanyl-related crimes, you need a lawyer. We encourage you to contact us to meet with a top drug crimes lawyer. Simply call us at 678-880-9360.