In recent years, the United States has seen a dramatic surge in the use of fentanyl, a powerful synthetic opioid that is 50 to 100 times more potent than morphine. The introduction of “rainbow fentanyl,” a brightly colored version of the drug that can be mistaken as candy, has contributed to this rise in fentanyl-related overdoses.

In response to this crisis, Florida has amended its drug crimes statute to impose harsher penalties for offenses involving these new forms of the drug. Revised Florida Statutes 893.13, which took effect October 1, 2023, sets a three-year mandatory minimum sentence for trafficking in rainbow fentanyl, which means selling, manufacturing or delivering any quantity of the drug or possessing it with intent to distribute. Under a companion section of the law, an adult who gives four grams or more of rainbow fentanyl to a minor faces a minimum sentence of 25 years and a $1 million fine.

The amended law also makes the trafficking of rainbow fentanyl a crime of the first degree, which, in Florida, is punishable by up to 30 years in prison and a fine of up to $10,000.

The amended statute defines rainbow fentanyl as a form of fentanyl (or an analog or derivative) that is made or packaged with at least one of the following attributes:

• Resembling the trade dress of a branded food product, consumer food product or logo food product
• Incorporating an actual or fake registered copyright, service mark or trademark
• Resembling candy, cereal, a gummy, a vitamin or a chewable product, such as a gum or gelatin-based product
• Containing a cartoon character imprint

A key aspect of the change in the law is that the trafficking of any amount rainbow fentanyl will trigger the mandatory three-year sentence. Trafficking in fentanyl already carries mandatory minimum prison sentences that are based on the quantity of the drug involved in the transaction. They are as follows:

• Three years for four to 13 grams
• 15 years for 14 to 28 grams
• 25 years for more than 28 grams

In addition, distributing fentanyl to another person who later dies from consuming it can be a basis for a homicide conviction.

If you have been accused of fentanyl trafficking or another fentanyl-related offense, the penalties can be serious. It is important to reach out to a criminal defense attorney immediately. An experienced attorney can help you understand your charges, protect your rights and build a strong defense case.

A criminal defense attorney may be able help you mitigate the potential penalties you face. In some cases, an attorney may be able to negotiate a plea agreement with the prosecution that results in a reduced sentence.

The Law Offices of Tad A. Yates, P.A. in Florida defends clients against drug charges, including those involving Fentanyl. To discuss your matter with Mr. Yates at his Orlando office, call 407-608-7777 or contact us online.