Abuse of illicit substances has become a major concern in South Carolina, contributing to over 2,100 overdose fatalities in 2023. If you report an overdose in South Carolina, there is no guarantee that you will be safe from prosecution. However, the state’s Good Samaritan Law provides limited immunity against criminal charges when a person calls for medical help in the event of an overdose. If you or someone you know has been charged with drug possession following an overdose, do not hesitate to reach out to our Greenville drug charge defense attorneys.
South Carolina Drug Possession Penalties
The state’s penalties for possession of a controlled substance depend on:
- The type of drug in your possession
- If you have any prior offenses
- The quantity in your possession
- If there is any evidence that suggests that you intend to distribute the substance
Simple possession of marijuana (28 grams or less) carries a maximum sentence of 30 days and a $200 fine. This applies only to a first offense; subsequent offenses carry harsher penalties. Steeper penalties are imposed for drugs that have a high addiction potential and lethal consequences, such as fentanyl. Even a small amount of fentanyl can be deadly, with the substance being 100 times more potent than morphine.
Under South Carolina law, two grains or more of fentanyl or a fentanyl-related substance is considered a felony. A conviction for fentanyl possession could result in any of the following:
- First offense: Five years in prison and/or a maximum $5,000 fine;
- Second offense: 10 years in prison and/or a maximum 7,500 fine; and
- Third or subsequent offense: 15 years in prison and/or a maximum $10,000 fine.
Will I Be Arrested if I Report an Overdose in Greenville, SC?
Under SC Code §44-53-1920, you are protected from criminal prosecution if you call for medical assistance for a person who is experiencing an overdose. This Good Samaritan Law provides you with limited immunity for possession of a controlled substance and other select offenses. However, any potential crimes arising from the overdose will not be covered under the Good Samaritan Law.
To be immune from criminal liability, the following must apply:
- Evidence of the overdose was the result of the person seeking medical assistance for a potential overdose victim
- The person provides their name to 911 or the police upon arrival
- The person acted in good faith, believing that they were the first person to seek medical assistance for the overdose victim
- The person did not report the overdose during the course of an arrest warrant, search warrant, or other lawful search
Can The Overdose Victim Be Prosecuted in Greenville, SC?
In addition to the person reporting the overdose being granted immunity, the overdose victim will also be granted limited immunity. Again, limited immunity is granted if evidence of the overdose is connected to the need for medical assistance. As mentioned above, the person seeking medical assistance must provide their name to the authorities.
How Our Defense Team Can Help
If you have been charged with possession of a controlled substance following an overdose, you may be facing significant criminal charges. You need a legal team that knows what avenues to pursue to get your charges dismissed or to help you secure an acquittal at trial.
For instance, if the possession charge was based on a search of your apartment, our legal team may challenge the search’s legality. The police may have violated your Constitutional rights during the search, hoping you will not question its validity. At Eppes & Plumblee, our criminal defense lawyers will scrutinize law enforcement’s actions to determine whether all evidence was gathered legally.
Contact Our Greenville Drug Charge Defense Attorneys Today
If you have been charged with drug possession after an overdose incident, Eppes & Plumblee is ready to assist you. Although drug charges may be intimidating, hiring representation increases the likelihood of a favorable outcome. With nearly three decades of successful outcomes in criminal cases, we are ready to put our experience to work for you. To arrange a free consultation with one of our Greenville drug charge defense lawyers, contact us online or by calling (864) 581-3450 today.