Is Fentanyl legal in United States?
Also known as: fent
- Legal status
- Controlled. Schedule II under the Controlled Substances Act, at 21 CFR 1308.12(c)(9). Listed by name. This cell states federal law only. Every state has its own controlled substances act and several differ from the federal schedules, so check the law of the state you are in.
- Consequences if caught
- It is listed by name at 21 CFR 1308.12(c)(9). Fentanyl is in the weight tables under its chemical name: 400 grams of a mixture reaches section 841(b)(1)(A) and 40 grams reaches section 841(b)(1)(B). A fentanyl analogue or a fentanyl related substance reaches the same bands at 100 grams and 10 grams. Supply is 21 USC 841. Unless the substance appears in the weight tables of section 841(b)(1)(A) or (B), it falls to section 841(b)(1)(C) at up to 20 years, rising to not less than twenty years and up to life if death or serious bodily injury results. Simple possession is 21 USC 844(a), up to 1 year and a fine of at least 1,000 dollars on a first offence, with higher figures after a prior conviction. The section excepts a substance 'obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice'.
- If prescribed or medical
- Prescription supply through the licensed channel is lawful. 21 USC 844(a) excepts a substance obtained on a valid prescription from a practitioner acting in the course of professional practice, and handling outside that channel is an offence under 21 USC 841 and the registration provisions at 21 USC 822 and 823.
- Documentation
- Carry any prescribed medicine in its original labelled container with the prescription. Federal law and the law of the state you are entering can differ, so confirm both before travel.
- Controlled Substances Act, 21 USC 802, 812, 813, 841 and 844 (Office of the Law Revision Counsel)
- 21 CFR 1308.11 to 1308.15 (Electronic Code of Federal Regulations, current as of 11 September 2026)
- 91 FR 22714, 28 April 2026, for marijuana in an approved product or under a state medical licence
- uscode.house.gov
- ecfr.gov
- federalregister.gov
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What sentences have courts imposed for Fentanyl in United States?
Prosecutions recorded in United States, each checked against the official document cited below it. Individuals are never named, and these are examples of what has happened, not a prediction of what will. How we verify a court case.
Across 10 verified cases, sentences ranged from 18 months to 188 months.
A 26-year-old man pleaded guilty to a conspiracy count. The release states that he and two others sold several quantities of fentanyl to undercover officers on multiple occasions in the Dallas area in late 2022 and early 2023. He was sentenced to 90 months in federal prison.
2025a man, 26Citation Charge or suit number 26, of Frisco
convicted on a guilty plea of a conspiracy count, 90 months in federal prison
Substances recorded fentanyl
Source U.S. Department of Justice
A storefront in the 700 block of h street ne, district of columbia led to the seizure of 177 g fentanyl purchased in six controlled purchases. The 2025 conviction was for one count of unlawful distribution of fentanyl and the sentence 63 months imprisonment; 3 years supervised release; forfeiture of $13,310.
2025a 63-year-old District of Columbia residentconvicted of one count of unlawful distribution of fentanyl, 63 months imprisonment; 3 years supervised release; forfeiture of $13,310
Substances recorded fentanyl
The conviction is one count of possession with intent to distribute fentanyl for 2024. vehicle stopped near ramsey, montana produced 173 g fentanyl. Sentence: 72 months imprisonment; 3 years supervised release.
2024a 40-year-old from Belgrade, Montanaconvicted of one count of possession with intent to distribute fentanyl, 72 months imprisonment; 3 years supervised release
Substances recorded fentanyl
Officers documented 656 pills; combined weight 69.67 g; lab confirmed fentanyl after interstate 80 traffic stop in nebraska. The 2023 count of possession with intent to distribute fentanyl produced a sentence of 28 months imprisonment; 2 years supervised release.
2023a 36-year-old from Hastings, Nebraskaconvicted of possession with intent to distribute fentanyl, 28 months imprisonment; 2 years supervised release
Substances recorded fentanyl
More than 2,500 M-30 pills containing fentanyl underpinned a 2023 count of possession with intent to distribute fentanyl. The material came to light after residence in sioux city after attempted vehicle stop; found hiding in basement, and the sentence was 144 months imprisonment; credit for 620 days served on related state conviction; 4 years supervised release.
2023a 31-year-old from Sioux City, Iowaconvicted of possession with intent to distribute fentanyl, 144 months imprisonment; credit for 620 days served on related state conviction
Substances recorded fentanyl
Proceedings on possession with intent to distribute fentanyl concerned 2023 conduct. a jonesboro residence after a controlled package delivery. approximately 552.5 g fentanyl mixture. The term ordered was 188 months imprisonment; 5 years supervised release.
2023a 44-year-old from Jonesboro, Louisianaconvicted of possession with intent to distribute fentanyl, 188 months imprisonment; 5 years supervised release
Substances recorded fentanyl
The count proved was possession with intent to distribute fentanyl, arising in 2023. Evidence included over 4,000 pills testing positive for fentanyl, obtained after vehicle traffic stop in harrison county, mississippi. 57 months federal imprisonment was the result.
2023a 28-year-old from Biloxi, Mississippiconvicted of possession with intent to distribute fentanyl, 57 months federal imprisonment
Substances recorded fentanyl
A 2022 conviction for possession with intent to distribute 40 grams of fentanyl. more than 1,400 fentanyl pills reported in case facts was seized; area of 515 s. farr road, spokane area, after deputies responded to shooting report. The court ordered 84 months imprisonment; 4 years supervised release.
2022a 34-year-oldconvicted of possession with intent to distribute 40 grams of fentanyl, 84 months imprisonment; 4 years supervised release
Substances recorded fentanyl
Possession with intent to distribute fentanyl, 2021. mcalester hotel while officers served arrest warrant, over 35 g fentanyl in pills. The disposition was 154 months imprisonment.
2021a 27-year-old from McAlester, Oklahomaconvicted of possession with intent to distribute fentanyl, 154 months imprisonment
Substances recorded fentanyl
This record covers a 2019 conviction for possession with intent to distribute 40 grams or more of fentanyl. controlled purchase location in massachusetts; attempted to run when agents arrived and 88 g fentanyl seized are the facts the source states. 18 months imprisonment; 4 years supervised release.
2019a 29-year-old from Dominican Republic / Massachusetts areaconvicted of possession with intent to distribute 40 grams or more of fentanyl, 18 months imprisonment; 4 years supervised release
Substances recorded fentanyl
Fentanyl in related jurisdictions
Other substances confirmed in United States
Same substance, other countries
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with United States’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
Before you travel
Verify current rules with the destination country’s official drug authority and your own country’s embassy before traveling. Find the destination’s U.S. embassy & official country guidance →
Non-U.S. travelers: check your own government’s travel advisory and embassy.
If you’re detained or arrested abroad
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