If you are found with fentanyl or a fentanyl-related substance in your possession, you could be facing extensive jail time and hefty fines. Having a drug conviction on your record may impede career advancement, even preventing you from finding suitable housing. Mere simple possession of fentanyl is a felony offense, prohibiting you from ever owning a firearm in the future.
If you have been charged with fentanyl possession or fentanyl trafficking, do not hesitate to speak with the defense attorneys at Eppes & Plumblee in Greenville, SC. Our team of legal professionals is familiar with the prosecution’s tactics and knows how to navigate the complex nature of our judicial system effectively.
Fentanyl Possession
Effective June 2023, possessing two grains of fentanyl (approximately 0.13 grams) or a fentanyl-related substance is deemed a felony in South Carolina. If found guilty, the following penalties will be imposed:
- First offense: A maximum of five years in prison and a $5,000 fine
- Second offense: A maximum of 10 years in prison and a $7,500 fine
- Third or subsequent offense: A maximum of 15 years in prison and a $10,000 fine
Fentanyl Trafficking
Under South Carolina law, it is a felony to sell, manufacture, deliver, purchase, or cultivate four grams or more of fentanyl or a fentanyl-related substance. Aggravating and mitigating circumstances will be considered in determining sentence severity. (Aggravating factors increase sentence severity, while mitigating factors decrease it).
Under SC Code §44-53-370, trafficking fentanyl is a felony that carries the following penalties (no sentence will be eligible for suspension or probation):
- First offense (four to 14 grams): Seven to 25 years in prison and a $50,000 fine
- Second or subsequent offense (four to 14 grams): Mandatory minimum incarceration 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: Imprisonment of 25 to 40 years and a $200,000 fine
Generally, a trafficking charge involving a large-scale operation, crossing state lines, or impacting federal property will be prosecuted under federal law. Federal law imposes harsher sentencing, with the average sentence for fentanyl trafficking being 74 months in fiscal year 2024 (just over 6 years). Additionally, steeper fines are imposed under the U.S. Code, which increase if anyone suffers bodily harm or death.
Fentanyl-Induced Homicide Act
Fentanyl is a highly potent substance that comprises the highest portion of opioid-related deaths. If you dealt fentanyl to another individual resulting in their death, you may be charged with fentanyl-induced homicide in South Carolina. If found guilty under the Fentanyl-Induced Homicide Act, you may be sentenced to 30 years in prison. In addition to a lengthy sentence, you remain open to additional drug charges. Given the potential legal consequences, you will want to retain counsel to explain your rights while exploring ways to reduce the severity of your sentence.
Resolute Representation from Our Greenville Defense Attorneys
Being caught with fentanyl is a serious crime that comes with severe punishments under state law. At Eppes & Plumblee, our criminal defense team is dedicated to assisting defendants who are facing fentanyl and other drug-related crimes. If you or a loved one is facing fentanyl charges, do not wait to discuss your legal options. To schedule a confidential case review, contact us online or call (864) 581-3450 today.