Q: I’ve been charged with a fentanyl offense in North Carolina. Have the penalties changed?
A: Yes. The 2025 Public Safety Act increased the severity of felony penalties for possession and sale of fentanyl and carfentanil in North Carolina, effective December 1, 2025. At the federal level, the Sentencing Commission is also examining fentanyl-specific enhancements.
North Carolina Changes
The state legislature increased the felony classification for fentanyl possession and distribution offenses. These charges now carry longer potential prison sentences and may affect how prior offenses are calculated for sentencing purposes.
Federal Fentanyl Enforcement
The federal government has made fentanyl prosecution a top priority. The Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act (FEND Off Fentanyl Act) has led to new sentencing guideline proposals. The Sentencing Commission is examining whether to add specific enhancements for offenses involving fentanyl and fentanyl analogues.
Methamphetamine Changes Too
The Commission is also reconsidering the longstanding purity distinction for methamphetamine. The current guidelines punish “actual” (pure) methamphetamine more severely than mixtures, but the Commission has acknowledged that purity is no longer an accurate measure of culpability because modern methamphetamine is uniformly high-purity.
Defense Considerations
If you are facing fentanyl charges in either state or federal court, the specific facts of your case matter enormously. The quantity involved, your role in the offense, whether anyone was harmed, and your criminal history all factor into the potential penalties. An experienced defense attorney can evaluate your exposure and develop a strategy.
Related Practice Areas
North Carolina Criminal Defense | Federal Sentencing | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.