Over the last few years, California has grown increasingly alarmed about the public-health crisis driven by fentanyl.
The synthetic opioid is 50–100 times stronger than morphine and now accounts for more overdose deaths than any other drug in the state — especially among teens and young adults.
Because lawmakers have linked the rapid rise in fatal overdoses to street-level distribution, penalties for possessing or selling fentanyl were stiffened in 2025. If you have any prior drug-related convictions, these changes could dramatically increase the stakes in your current case.
Why the focus on fentanyl?
Fentanyl is often mixed — sometimes unknowingly — into counterfeit pills and other street narcotics. The result has been a sharp, statewide spike in overdoses since 2020. In response, the Legislature and voters approved a package of measures aimed at both traffickers and end-users.
If you or a loved one faces fentanyl allegations, contact Robert M. Helfend promptly; early intervention can limit exposure to the new, harsher sentencing ranges.
New legislation in 2025
| Area of focus | Key change | Practical effect |
|---|---|---|
| Drug trafficking – Assembly Bill 701 | Adds quantity-based enhancements for selling or transporting fentanyl | Extra prison time of 3–25 years based solely on weight (see table below) |
| Possession / use – Proposition 36 (“The Homelessness, Drug Addiction and Theft Reduction Act”) | Converts many simple-possession cases to treatment-mandated felonies | Eligible defendants may choose court-supervised rehab in place of up to three years in prison |
| Dealer warnings – Alexandra’s Law (incorporated into Prop 36) | Courts must issue a written admonishment after any drug-sales conviction | Future sales that result in death may lead to second-degree murder charges if the dealer had prior notice |
Quantity enhancements under AB 701
| Net weight of fentanyl | Additional consecutive term |
|---|---|
| Over 1 kg | +3 years |
| Over 4 kg | +5 years |
| Over 10 kg | +10 years |
| Over 20 kg | +15 years |
| Over 40 kg | +20 years |
| Over 80 kg | +25 years |
State-prison only: All fentanyl sentences—including first offenses—are now served in state prison, not county jail.
Bigger fines
Judges may now impose far higher fines:
- Baseline – Up to $20,000 per count for possession, sale, or trafficking.
- Enhanced – Up to $1 million–$8 million when quantity enhancements apply and the defendant knew (or reasonably should have known) the substance was fentanyl.
Situations that trigger even steeper punishment
- Possession while armed – Formerly a one-year county-jail wobbler, this offense now carries 2–4 years in state prison.
- Distribution near schools – In cases eligible for federal prosecution under the HALT Fentanyl Act, selling within 1,000 feet of a school requires a 10-year mandatory minimum.
How Alexandra’s Law works
After any conviction for selling or transporting illegal drugs, the court must deliver a written and oral warning:
If someone dies using drugs you distribute, and prosecutors can prove you knew or should have known the product contained fentanyl, you may be charged with homicide.
Because that admonishment is placed in the court record, a dealer who reoffends faces a realistic risk of a second-degree murder filing.
Treatment-mandated felonies
For simple possession (without intent to sell), eligible defendants may avoid a two- or three-year prison term by completing a court-approved program addressing substance-use or mental-health disorders. Successful graduation can result in dismissal of the felony, preserving future employment and housing opportunities.
Get experienced counsel on your side
California’s new fentanyl laws are complex and unforgiving. The sooner you retain seasoned counsel, the more options you preserve—whether that means challenging a weight enhancement, negotiating treatment in lieu of prison, or contesting knowledge of fentanyl’s presence.
Robert M. Helfend has defended drug cases across Los Angeles and Ventura Counties since 1984. Recognized by Lead Counsel, Super Lawyers, and the National Trial Lawyers Top 100, he combines aggressive courtroom advocacy with creative sentencing strategies tailored to today’s laws.
Call 1-800-834-6434 for a free case review. We will analyze your charges, explain the new penalty structure, and craft a defense aimed at the best possible outcome for you and your family.
Published July 4, 2025.