Although fentanyl has been used for years in surgical procedures to alleviate chronic pain, being in simple possession of the substance can make you subject to criminal penalties. Even though the narcotic does have a legitimate medical purpose, the substance is also highly addictive, leading to individuals becoming physically dependent. Given the threat to society, South Carolina lawmakers have implemented harsher penalties for trafficking charges to reduce the number of deaths caused by overdose.
If you are facing fentanyl-related charges, you need to retain experienced counsel to defend your rights. Our Greenville, SC, criminal defense attorneys believe that your future is worth defending. Our legal team will work tirelessly to help you achieve the best possible outcome in your case.
What is Fentanyl, and When is Its Use Legal?
Fentanyl is a synthetic opioid that blocks pain signals in the brain. The narcotic substance is highly addictive and potent (with a mere two milligrams being considered a lethal dose). Given the potency of the drug, the substance should only be used under close supervision by a medical professional. In addition to its pain-relieving effects, fentanyl is commonly used in conjunction with anesthetics to enhance their effectiveness.
Repeated use may lead to psychological or physical dependency. Although it does have an acceptable medical use outside of a medical setting or without a valid prescription, fentanyl use is illegal.
South Carolina Fentanyl Laws
Simple Possession
Recent state legislative changes have cracked down further on fentanyl trafficking, imposing stricter penalties for anyone found in possession of more than two grains of fentanyl or a fentanyl-related substance. The law imposes the following punishments based on the number of prior offenses:
- First offense: Five years in prison and a $5,000 fine
- Second offense: 10 years in prison and a $7,500 fine
- Third or subsequent offense: 15 years in prison and a $10,000 fine
Trafficking
In 2023, a fentanyl trafficking bill was signed into law, which makes it a felony to sell, manufacture, deliver, purchase, or cultivate four grams or more of fentanyl or a fentanyl-related substance. Codified as SC Code §44-53-370(9), fentanyl trafficking charges range in severity based on amounts and prior offenses. The least severe fentanyl trafficking charge, which encompasses four to 14 grams of fentanyl, is punishable by seven to 25 years in prison and a $50,000 fine.
In contrast, if you are found in possession of more than 28 grams and it is your second offense, the minimum statutory sentence is 25 years, with a maximum sentence of 40 years. You could also be subject to $200,000 in fines.
Protecting Your Rights
Law enforcement will pursue various avenues to arrest or charge someone with a criminal offense. Many times, the police may gather incriminating evidence which violates your rights. A prime example would be a police officer failing to obtain a warrant or failing to get your consent to search your property. Although there are exceptions to the warrant requirement, they are few and far between. In retaining a Greenville, SC, criminal defense attorney, you ensure that your rights are being protected.
Our legal team will conduct an independent investigation to evaluate where and how law enforcement gathered evidence. If we determine that a police officer violated your Fourth Amendment rights, we will move for the evidence to be excluded at trial.
Contact a Greenville, SC, Criminal Defense Lawyer Today
If you have been arrested for fentanyl-related charges in South Carolina, you need resilient counsel by your side. If you have prior drug offenses, you may be facing a lengthy prison sentence and steep fines. At Eppes & Plumblee, P.A., our Greenville criminal defense attorneys have the knowledge, resources, and compassion you are looking for to help you navigate the criminal justice system. To learn more about our services, contact us online or give us a call at (864) 581-3450 to arrange your consultation today.