Even with its pain-relieving properties, fentanyl is classified as a Schedule II drug in South Carolina. One dose of fentanyl is considered 50 to 100 times more potent than morphine. Given its potency, South Carolina has deemed possession of just two grams of fentanyl or a fentanyl-related substance as a felony. If convicted, you may face extensive jail time and significant fines. This applies even to first-time offenders.
If you have been accused of fentanyl possession, you need experienced representation by your side. Protecting your rights can mean the difference between walking free and spending a decade behind bars. At Eppes & Plumblee, our defense lawyers are dedicated to defending individuals in Greenville, SC, who have found themselves on the wrong side of the law. If you are currently under investigation for fentanyl possession, our legal team is prepared to advocate for your rights.
When is the Use of Fentanyl Legal?
Although fentanyl has received a bad reputation in recent years, it does have a legitimate medical purpose, being used in surgical procedures to help control pain. In addition to its benefits for chronic pain, it is often used in conjunction with anesthetics to enhance their effectiveness. Although highly effective, it is also highly addictive. Outside of a medical setting, the use of fentanyl is hazardous, often coming with lethal consequences.
Fentanyl Possession in SC
As of June 2023, South Carolina legislation classifies merely two grams of fentanyl or a fentanyl-related substance as a felony. Under SC Code §44-53-370(d)(4), statutory law imposes the following punishments if you are found in possession:
- First offense: Five years in prison and up to a $5,000 fine
- Second offense: 10 years in prison and up to a $7,500 fine
- Third or subsequent offense: 15 years in prison and up to a $10,000 fine
Fentanyl Trafficking in SC
Possessing more than four grams of fentanyl will trigger a trafficking charge. This applies even if you were not intending to sell or distribute the substance, although a conviction will require the prosecution to prove your intent to distribute.
Under SC Code §44-53-370(e)(9), fentanyl trafficking is prosecuted as a felony, carrying the following punishments if convicted under the law (no part of any sentence which may be suspended or granted probation):
- 4 to 14 grams (first offense): Seven to 25 years in jail and a $50,000 fine
- 4 to 14 grams (second offense): Mandatory imprisonment of 25 years and a $100,000 fine
- 14 to 28 grams: Mandatory imprisonment of 25 years and a $200,000 fine
- More than 28 grams: Mandatory imprisonment of 25 years with a maximum of 40 years, and a $200,000 fine
Should I Hire a Lawyer to Defend Fentanyl Charges?
Defending fentanyl charges can be difficult, especially when law enforcement has discovered the substance in your possession. Even if you do not have fentanyl in your actual possession, simply having control over the substance can lead to a possession charge. The quantity in your possession can lead to a charge of possession with intent to distribute (PWID) or trafficking, with subsequent offenders facing harsher penalties.
Building a strong defense requires thorough knowledge of the law and meticulous attention to detail, which is what you will find at Eppes & Plumblee. Our legal team will conduct a thorough investigation into your matter to determine if the police and investigators followed proper procedures when gathering evidence. If there is weak evidence, we are prepared to poke “holes” in their case. Defending your interests is our top priority. Unlike other firms, we carefully select the cases we take on, ensuring each of our clients receives the attention their case requires.
Contact Our Drug Charge Defense Attorneys Today
Being caught with fentanyl in your possession comes with dire consequences, even if it is a small quantity. If you or a loved one is attempting to fight fentanyl charges, do not try to do so alone. At Eppes & Plumblee, we understand the aggravation of being charged with fentanyl possession. That is why we are committed to pursuing every avenue until justice is served. To learn more about our services or to schedule your confidential case review, reach out to us online or call (864) 581-3450 at your earliest convenience.