In recent years, the opioid crisis has led to stricter enforcement and harsher penalties for drug offenses across the country, including in Maryland and Washington, D.C. One of the most significant shifts has been the rise in charges involving fentanyl, a synthetic opioid that is exponentially more potent than heroin. Prosecutors and police are treating fentanyl-related crimes with increased urgency, often resulting in more aggressive charges and longer prison sentences than those associated with heroin.
At Lotze Mosley, LLP, our criminal defense attorney represents individuals facing serious drug charges and understands how the classification of a substance, especially when it’s between fentanyl and heroin, can change the entire outcome of a case.
The Key Difference: Potency and Perception
While heroin and fentanyl are both classified as Schedule I controlled substances under federal law, fentanyl’s extreme potency—up to 50 times stronger than heroin—makes it far more dangerous in the eyes of the court. Even small quantities of fentanyl are often treated as if they represent a much greater threat to public safety, and law enforcement agencies are cracking down on possession, trafficking, and manufacturing with increased intensity.
In both Maryland and D.C., prosecutors are increasingly charging fentanyl-related offenses more harshly, even when the accused had no intent to distribute. Possessing a small amount of fentanyl may trigger charges that, with heroin, might otherwise result in probation or diversion. With fentanyl, the same case may lead to felony-level penalties and mandatory minimums.
Misidentification and Mixed Substances
Another growing issue is the misidentification of substances. Many people are arrested with drugs that are later found to be heroin “cut” with fentanyl, or pure fentanyl sold as heroin. The problem? If police or prosecutors believe the substance is fentanyl, you may face enhanced charges before lab tests even confirm the chemical composition.
If you are arrested with a substance that turns out to be fentanyl or a fentanyl analog (a chemically similar variant), it may trigger:
- Higher sentencing enhancements.
- Federal prosecution in some cases.
- Overdose-related homicide chargesif someone dies after using the drug you allegedly sold.
Our defense attorney must investigate how the substance was tested, how evidence was collected, and whether proper procedures were followed.
Defense Strategies in Fentanyl and Heroin Cases
At Lotze Mosley, we build strong, fact-based defenses in severe drug crime cases.
Our approach includes:
- Challenging search and seizure violationsor unlawful traffic stops.
- Questioning the chain of custody and accuracy of drug testing.
- Arguing a lack of intent to distribute, especially in personal-use cases.
- Disputing whether the defendant knew the substance contained fentanyl.
We also explore options such as diversion programs or treatment-focused resolutions when appropriate, especially in cases involving addiction or first-time offenses.
Don’t Face These Charges Alone
Whether you’re charged with possession, distribution, or trafficking, the classification of the drug involved—heroin vs. fentanyl—can dramatically change what’s at stake. Prosecutors and courts in Maryland and D.C. are taking an increasingly hardline stance on fentanyl, and your defense must be equally strategic and aggressive.
If you’ve been arrested for a fentanyl or heroin offense, contact Lotze Mosley today for a confidential consultation. We’ll protect your rights, investigate the facts, and fight for the best possible outcome in your case.
