A mixed-substance drug case can become more complicated when fentanyl is found with another controlled substance because the type of mixture, its weight, laboratory results, and the amount involved can affect the charges prosecutors pursue. A small difference in what was seized and how it was tested can have major consequences in your drug case.
If you’re facing a fentanyl or mixed substance charge and have yet to schedule your consultation with our Greenville criminal defense lawyers at Eppes & Plumblee, P.A., here’s what you should know.
What is a Mixed Substance Drug Case in Greenville?
A mixed-substance case involves drugs containing more than one controlled substance. Fentanyl, for instance, may be found together with heroin, cocaine, methamphetamine, or another drug. Fentanyl’s potential to cause fatal overdoses has made its distribution a major focus of South Carolina drug enforcement.
The South Carolina Department of Public Health reports that fentanyl remains a leading contributor to overdose deaths and may be mixed with other substances without the user’s knowledge. That means a mixed-substance case can involve evidence gathered by multiple agencies and an investigation that extends well beyond the initial drug seizure.
Does The Other Drug Matter If Fentanyl is Present?
Yes. The other substance can affect what prosecutors charge and what evidence they need to prove. Investigators may look at:
- Which substances were identified
- How much of each drug was present
- How the drugs were packaged
- Whether the evidence supports possession, distribution, or trafficking
The presence of another drug doesn’t automatically lead to a fentanyl trafficking charge. The specific statute and the evidence are crucial.
Does The Weight of The Entire Fentanyl Mixture Count?
South Carolina’s fentanyl trafficking statute expressly covers mixtures containing fentanyl or fentanyl-related substances. Possessing, selling, delivering, purchasing, or bringing into South Carolina four grams or more of fentanyl, a fentanyl-related substance, or a mixture containing one of those substances can support a fentanyl trafficking charge. That makes the way a seized substance is identified, analyzed, and weighed especially important in a mixed substance case.
What Charges Can a Mixed Fentanyl Substance Lead to in Greenville?
A mixed substance case can result in more than one drug charge, depending on the substances involved, the amount, and what prosecutors allege you possessed or distributed. South Carolina also specifically provides for fentanyl trafficking when the four-gram statutory weight is met. The penalties vary based on the amount involved and whether it’s a first or subsequent offense.
Other charges may apply depending on the substances, alleged conduct, and evidence. For example, prosecutors could pursue a separate possession charge involving another controlled substance found in the same package, or a distribution charge if they allege the mixed substance was supplied to another person.
The “Devil in Disguise” investigation, which spanned Greenville, Lexington, Pickens, Anderson, and Jasper, illustrates how these cases can involve multiple substances and extremely serious charges. Prosecutors brought charges including fentanyl, methamphetamine, heroin, and cocaine trafficking, along with possession, possession with intent to distribute, distribution offenses, and money laundering. Some defendants also faced murder, accessory before the fact to murder, and conspiracy to commit murder charges tied to alleged fentanyl-related overdose deaths.
Let Our Criminal Defense Attorneys in Greenville Handle Your Fentanyl Drug Case
A mixed substance charge can raise questions that are not answered simply by finding fentanyl in a seized drug. To learn more about your case and request your confidential case evaluation, call Eppes & Plumblee, P.A. at 864-581-3450 or submit our contact form. Our Greenville criminal defense lawyers can review the laboratory report, challenge problems with the testing or weight calculation, examine the chain of custody, investigate whether the search was lawful, and compare the evidence with the elements of the specific charge.