Fentanyl Possession in South Carolina
In June of 2023, the South Carolina Legislature increased the penalties for the possession of fentanyl. The issue was that fentanyl had been treated as a low-level controlled substance. There was no specific statute creating penalties for Possession with the Intent to Distribute (PWID) fentanyl or trafficking fentanyl. There was a train of thought that fentanyl was an isomer of heroin and therefore fell under the heroin statute, which did and does have penalties for PWID and trafficking. Some prosecutors felt that they could prosecute fentanyl cases under the heroin statute and some didn’t; likewise, our courts were split on the issue.
The New Law
Effective June of 2023, a person who possesses more than 2 grains of fentanyl is guilty of a felony that carries up to 5 years in prison for a first offense. A second offense carries up to 10 years in prison. A third offense carries up to 15 years in prison.
Two grains is equal to approximately 0.13 grams.
Trafficking fentanyl is defined as possessing more than 4 grams of fentanyl. The penalties for trafficking fentanyl depend on the amount in possession.
- A person who possesses 4 grams but less than 14 grams is guilty of a felony that carries 7–25 years in prison for a first offense. A second or subsequent offense carries 25 years in prison.
- A person who possesses 14 grams but less than 28 grams of fentanyl is guilty of a felony that carries 25 years in prison.
- A person who possesses 28 grams or more of fentanyl is guilty of a felony that carries 25–40 years in prison.
Contact a Criminal Defense Lawyer
As you can see, the legislature has significantly increased the penalties for possessing and trafficking fentanyl. If you need to speak with a criminal defense lawyer who handles fentanyl cases, please give me a call at (864) 467-3221.
