blog home Drug Possession Arrested with Fentanyl in San Diego? You Could Be Looking at More Than Just Possession

Arrested with Fentanyl in San Diego? You Could Be Looking at More Than Just Possession

By San Diego Attorney on April 4, 2025

In 2025, San Diego law enforcement and prosecutors are treating fentanyl cases with heightened urgency, and the consequences are more severe than ever. If you have been arrested with even a small amount of fentanyl, you may be facing far more than a simple possession charge.

Due to its potency and the public health crisis surrounding its use, a San Diego fentanyl possession charge can quickly escalate to a felony and possibly even a charge for intent to distribute.

At jD Law Criminal Defense Attorneys, we understand that not every arrest reflects criminal intent, especially for individuals struggling with addiction or unknowingly in possession of laced substances. Our job is to protect your rights, explain the path forward, and build the strongest defense possible based on your unique circumstances.

Why Fentanyl Possession Is Treated So Seriously in California

Under both federal and California law, fentanyl is classified as a Schedule II controlled substance. It is up to 50 times more potent than heroin and has been linked to a staggering number of overdose deaths in San Diego County over the past five years.

Prosecutors are no longer viewing fentanyl like other personal-use narcotics. In many cases, an arrest that once would have resulted in a misdemeanor drug possession charge now leads to a felony drug charge in San Diego, especially if:

• The amount of fentanyl suggests distribution
• You were in possession of paraphernalia, baggies, or scales
• You were found with large amounts of cash
• There is evidence you transported or shared the drug with others
• Someone overdosed, and your name was linked to the transaction

In other words, a fentanyl arrest in California is often a gateway to multiple charges and potentially a long prison sentence.

Charges You Could Be Facing

Depending on the facts of your case, being arrested with fentanyl in San Diego could result in a wide range of charges.

Simple Possession (HS 11350)

This is the least severe charge, typically filed as a misdemeanor under California Health and Safety Code §11350. However, prior drug convictions or probation status could lead to felony treatment, especially if the case involves fentanyl.

Possession of Fentanyl for Sale (HS 11351)

Drug possession with intent is a felony in California and may result in up to four years in prison, even for a first-time offense. This charge applies when prosecutors believe you intended to sell or distribute the drug.

Prosecutors do not need to prove you made a sale; they just need to prove that you had the intent based on circumstantial evidence like the quantity or packaging. They can convict you of drug possession with intent if they can prove the following:

1. You knowingly possessed fentanyl
2. The substance was, in fact, fentanyl (lab testing required)
3. You intended to sell, furnish, or transport it

If any one of these elements is weak, the case may not hold up in court. For example, if the lab results are pending or the search that uncovered the drugs was unlawful, we can move to suppress the evidence under Penal Code § 1538.5.

Transportation or Distribution (HS 11352)

If you are caught moving fentanyl from one location to another—especially across county lines—you may be charged with transportation, which carries harsher penalties than possession alone.

Drug-Induced Homicide

If someone dies from a fentanyl overdose and you are alleged to have supplied the drug, you may face criminal charges related to that death. These cases are being filed more frequently across California.

Charge Escalation for Fentanyl Cases

One of the most critical differences with fentanyl is charge escalation. Officers and prosecutors are on high alert, and any indication that you were doing more than simply possessing the drug could significantly increase the penalties.

Examples of escalation include:

• Being in a school zone or public park
• Carrying more than a threshold amount (often more than 1 gram)
• Past convictions for drug sales or possession
• Possession of fentanyl alongside firearms or other controlled substances

This is why it is essential to have a lawyer involved immediately. We can help ensure that the facts of your case are not exaggerated or misrepresented before charges are finalized.

The Harm-Reduction Approach to Drug Possession

At jD Law, we understand that not every person charged with drug possession is a dealer. Many of our clients are struggling with addiction or are arrested for possession of substances they did not even realize contained fentanyl. We believe that a harm-reduction approach is the most effective path to long-term recovery and fair legal outcomes.

Aggressive Legal Defense Strategies

Challenging the Arrest and Search

Some questions can help with the defense. Was there probable cause for the stop? Did officers exceed their authority in searching your property or vehicle? Did they follow protocols for evidence collection and storage?

Pushing for Diversion Where Eligible

Depending on your record and the specifics of your case, you may qualify for Penal Code § 1000 diversion, drug court, or other treatment-based alternatives. Even in felony cases, early negotiations with the district attorney can result in reduced charges or alternative sentencing.

Humanizing the Client

We emphasize your story—whether it is addiction, trauma, or mistaken identity. Then, we present supporting documentation, rehabilitation efforts, and expert testimony to advocate for second chances rather than incarceration.

Using Toxicology and Lab Analysis

We independently review the lab results and request retesting when necessary. Fentanyl is often mixed with other drugs, and false positives or testing errors can change the outcome of a case.

What To Do If You Are Arrested for Fentanyl in San Diego

The decisions made in the first 48 hours after an arrest can dramatically affect the rest of your case. We advise the following:

1. Do not speak to the police or consent to further searches.
2. Do not assume you will only be charged with a misdemeanor.
3. Avoid posting about the incident on social media.
4. Contact an experienced San Diego drug defense lawyer immediately.

Why Choose jD Law Criminal Defense Attorneys?

At jD Law Criminal Defense Attorneys, James N. Dicks is a former LAPD investigator and Certified Criminal Law Specialist by the California Board of Legal Specialization, a distinction held by only a small percentage of attorneys in the state.

With over 30 years of criminal law experience and thousands of successful case resolutions, attorney James is a trusted advocate for clients facing serious drug charges.

Call jD Law Criminal Defense Attorneys today at (760) 630-2000 to schedule a confidential consultation with a San Diego fentanyl defense lawyer. We will review your case, explain your options, and build a powerful defense focused on protecting your future and getting the charges against you reduced or dismissed.