Fentanyl is a powerful opioid classified as a Schedule II drug under South Carolina and federal law due to its potential for psychological and physical dependency. The state enforces strict laws regarding fentanyl-related offenses. If you’re facing fentanyl charges, consulting a Greenville, SC, drug charge defense attorney is essential.
Potential Jail Time for First-Time Fentanyl Charges
Even first-time convictions for fentanyl offenses can result in significant jail time. Simple possession of two grains of fentanyl is a felony, punishable by up to five years in prison and/or a $5,000 fine. Penalties increase for subsequent offenses.
Possession of four grams or more triggers trafficking charges. For first-time offenders:
- 4-14 grams: 7 to 25 years in prison and up to a $50,000 fine
- 14-28 grams: Mandatory 25 years and a $200,000 fine (no suspension or probation)
- Over 28 grams: Mandatory 25-40 years and a $200,000 fine (no suspension or probation)
Fentanyl-Induced Homicide Effective May 22, 2025, the Fentanyl-Induced Homicide Act imposes felony charges on anyone who deals fentanyl that causes another person’s death. Convictions carry up to 30 years in prison, and claiming voluntary ingestion is not a valid defense.
Can You Avoid Prison?
First-time offenders may qualify for diversion programs:
Pre-Trial Intervention (PTI)
PTI removes cases from the court system and includes counseling, drug education, a minimum of 50 hours of community service, and random drug testing. Successful completion results in the expungement of your arrest record. Approval from the Circuit Solicitor’s Office is required, and you must demonstrate that you pose no community threat and are unlikely to reoffend.
Conditional Discharge
Available for first-time simple possession charges, this option may be ordered by a judge. You can qualify even with prior non-drug convictions. The program typically includes probation supervision, community service, and substance abuse treatment. Upon completion, you can apply for expungement.
Drug Court
Greenville County offers Drug Court for defendants whose crimes stem from addiction. Participants must plead guilty; their sentences are then suspended or transferred. The 18-month program includes weekly counseling, case management, random drug tests, and regular court monitoring. Completing the program fulfills your sentence, and failure results in prison time.
How Can a Drug Charges Lawyer Help Me?
First-time offenders are not guaranteed a place in a diversion program. While diversion programs offer an alternative to time behind bars, you need an experienced drug charges attorney who can make your case with the State or a judge. Your attorney will need to show evidence of good character and the improbability of your committing any future crimes. This is not an easy task, but our legal team is ready to take it on. If you are facing fentanyl charges, whether it is simple possession, trafficking, or fentanyl-induced homicide, your first call should be to Eppes & Plumblee.
Contact Our Greenville, SC, Drug Charge Defense Lawyers
If you’re facing fentanyl-related allegations, contact Eppes & Plumblee today. We’ll explain your charges, discuss legal options, and answer your questions. Schedule your confidential consultation online or call (864) 581-3450.