Texas lawmakers just made it crystal clear: they’re done playing nice with fentanyl. And if you thought drug charges in Texas were serious before, you’re about to see just how much harsher the HALT fentanyl act has made things.
Here’s what HALT did:
- Increased penalties for fentanyl possession and distribution
- Created new criminal offenses specifically targeting fentanyl
- Made it easier to prosecute fentanyl-related deaths as murder
- Expanded law enforcement powers to combat fentanyl trafficking
If you or someone you know is facing fentanyl charges in Texas under these new, harsh laws, the stakes have never been higher, and your need for an aggressive Houston criminal defense lawyer has never been greater.
Mark Thiessen is a board-certified ACS-CHAL Lawyer Scientist who has secured 140+ Not Guilty verdicts and thousands of dismissals for clients facing serious charges. Call Thiessen Law Firm at (713) 864-9000 or contact us online to start building your defense today.
What is the new law on fentanyl in Texas?
The HALT Act (short for Halt All Lethal Trafficking of Fentanyl), also being called the Trump fentanyl law, is the Federal Government’s aggressive response to the fentanyl crisis that’s been devastating communities across the nation. Signed into law in July 2025, this legislation dramatically increased penalties for fentanyl-related offenses and gave prosecutors new tools to go after anyone involved in fentanyl distribution.
Another element of the federal push against fentanyl has been to classify fentanyl deaths as poisonings rather than overdoses, making it easier to charge dealers with murder. If you’re charged with a fentanyl offense in Texas, you’re facing an uphill battle on multiple fronts. Prosecutors are using every tool at their disposal, and they’re not interested in showing mercy.
So what exactly did HALT change? Let’s break it down.
Increased penalty groups.
HALT reclassified fentanyl within the Controlled Substances Act’s drug classifications system, moving it to Penalty Group 1, which is reserved for the most dangerous controlled substances like heroin and methamphetamine. This placement means fentanyl offenses now trigger the harshest punishments available under federal law.
Lower thresholds for felony charges.
Under the new law, it takes less fentanyl to face serious consequences. A possession of fentanyl charge that might have been a misdemeanor before is now always a felony. And we’re talking about amounts so small you could barely see them — just a few grains can be enough to trigger felony drug charges in Texas.
Enhanced penalties for distribution.
If you’re accused of selling or distributing fentanyl, the penalties are even more severe. HALT created mandatory minimum sentences for certain amounts, and judges have less discretion to show leniency.
And here’s something that catches a lot of people off guard: the penalty for receiving drugs in the mail has also been ramped up under this law. If you’re caught having fentanyl shipped to you — even if you claim you didn’t order it — prosecutors will come after you hard.
What is the law on fentanyl murder in Texas?
This is where things get really serious.
Under HALT, prosecutors can now pursue murder charges if someone dies from fentanyl — and they don’t need to prove you intended to kill anyone. If you sold, gave, or provided fentanyl to someone and they died, you could be looking at a fentanyl murder charge in Texas that carries the same penalties as any other murder: up to life in prison.
Let’s be clear about what this means: you don’t have to be a major dealer or have any intent to harm someone. If your friend asks you for a pill, you give it to them, and it contains fentanyl that kills them, prosecutors can charge you with murder. It doesn’t matter if you thought it was something else. It doesn’t matter if you were trying to help them. In the eyes of the law, you caused their death.
How fentanyl murder charges work
Prosecutors are using a legal theory called “felony murder” to make these charges stick. Here’s the basic logic they use:
- Delivering fentanyl is a felony
- Someone died during the commission of that felony
- Therefore, you can be charged with murder
The scary part? Prosecutors don’t have to prove you knew the substance contained fentanyl. They don’t have to prove you wanted anyone to die. They just have to prove that you transferred the substance and someone died as a result.
What you should know if you’re questioned
If police are investigating a fentanyl death and they want to talk to you, remember this: you have the right to plead the fifth, meaning you can refuse to answer questions that might incriminate you. This isn’t being difficult or uncooperative — it’s protecting yourself from saying something that could be twisted into a murder charge later.
Don’t try to explain your way out of it. Don’t try to be helpful. Get a lawyer immediately.
What to do if you’re charged with a fentanyl offense
If you’ve been arrested or charged with a fentanyl-related crime in Texas, what you do in the next few hours and days can make or break your case. Here’s your playbook:
- Shut up and lawyer up. Do not talk to the police without an attorney present. Not to explain yourself. Not to “clear things up.” Not even to deny the charges.
| Police are trained interrogators, and they’re very good at getting people to say things that sound innocent but can be used against them in court. Exercise your right to remain silent and ask for a lawyer immediately. |
- Don’t consent to searches. If police ask to search your car, your home, or your phone, you have the right to say no. Be firm: “I do not consent to any searches.”
| If they have a warrant, they’ll search anyway. But if they’re asking for permission, it’s because they don’t have one — and anything they find with your consent can be used against you. |
- Preserve evidence. If there’s any evidence that could help your case, protect it now before it mysteriously disappears.
| This includes text messages, call logs, receipts, bank statements, witness contact information, and photos or videos from the time in question. Don’t delete anything, even if you think it makes you look bad. |
- Document everything you remember. Write down what happened while it’s fresh.
| What time were you arrested? What did the officers say? Were you read your Miranda rights? Did they search anything without permission? Were there witnesses? These details matter, and your memory will fade faster than you think. |
- Act fast. Evidence disappears. Witnesses forget details. Security footage gets deleted. The longer you wait to get legal representation, the harder it becomes to build a strong defense.
| Fentanyl charges under the HALT act will be difficult to handle for a public defender juggling 200 cases. You need someone who knows the science and has a proven track record. |
Fentanyl charges in Texas — FAQs
How long do fentanyl charges stay on your record?
A fentanyl conviction in Texas stays on your criminal record permanently unless you take legal action to have it removed. Unlike some states that automatically clear certain offenses after a period of time, Texas doesn’t do that.
Can fentanyl charges be expunged in Texas?
Yes, but only under specific circumstances. You can get fentanyl charges expunged if:
- Your case was dismissed
- You were acquitted (found not guilty)
- You were pardoned
- You completed pretrial diversion successfully
- You were arrested but never charged
You cannot get a fentanyl conviction expunged. If you pleaded guilty or were found guilty, that conviction is permanent. This is why fighting your charges with an experienced defense attorney is so critical — a dismissal or not guilty verdict opens the door to expungement, but a conviction closes it forever.
What’s the difference between state and federal fentanyl charges?
You can be charged in either state or federal courts, according to either federal or Texas drug laws, for a fentanyl charge. You can even be charged with both state and federal crimes in the same case.
State charges (Texas):
- Prosecuted by local district attorneys
- Trials happen in state court
- Sentences served in Texas state prisons
- Governed by the HALT act and Texas Health and Safety Code
Federal charges:
- Prosecuted by U.S. Attorneys
- Trials happen in federal court
- Sentences served in federal prisons (which are typically harsher)
- Governed by federal drug trafficking laws
- Often involve larger quantities, interstate trafficking, or mail/internet distribution
- Federal sentencing guidelines are notoriously strict, with mandatory minimums
Let us remind you of something important: you can be charged in both state and federal court for the same conduct. Federal charges typically result in much longer sentences than state charges, and there’s no parole in the federal system — you serve at least 85% of your sentence.
What should I do if someone I know died from fentanyl I provided?
This is an absolute worst-case scenario, and we understand how devastating it is. But here’s what you need to know:
- Do not talk to anyone about what happened — not friends, not family, and especially not the police. Anything you say can and will be used to build a murder case against you.
- Get a lawyer immediately. If police are investigating a fentanyl death and they think you provided the drugs, they are building a murder case. This is not the time to try to be helpful or explain your side. You need legal representation now.
Texas prosecutors are aggressively pursuing these cases. They don’t care if you had no intention of hurting anyone or if you thought you were giving them something else. Under the HALT act, your intent doesn’t matter — if you provided it and they died, you can be charged with murder.
HALT made fentanyl charges harsher. Your defense needs to be even tougher.
The HALT fentanyl act has turned the entire country into the wild west for fentanyl charges, and prosecutors are making examples out of people every single day. Whether you’re facing simple possession or a potential fentanyl murder charge, you cannot afford to take chances with your defense.
At Thiessen Law Firm, we don’t just know the law — we know the science. Mark Thiessen’s background as both a board-certified attorney and a forensic scientist means he can tear apart the state’s evidence in ways most lawyers can’t even recognize. He’s challenged lab results, exposed contaminated samples, and forced prosecutors to drop charges when their “airtight” case fell apart under scrutiny.
Our firm has built a reputation on taking cases other attorneys won’t touch and winning them. We’ve kept clients out of prison when they were facing decades behind bars, and we’ve gotten charges dismissed when prosecutors swore they had a slam dunk.
Don’t wait until it’s too late. Call Thiessen Law Firm today at (713) 864-9000 or contact us online for aggressive defense against fentanyl charges.
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