Prosecutors may pursue possession, distribution, trafficking, or other drug charges when they allege that someone knowingly possessed or supplied fentanyl or a fentanyl-laced drug. If someone dies, prosecutors may also pursue fentanyl-induced homicide. The charge depends on what prosecutors believe they can prove about the drugs, the alleged transaction, the person’s knowledge, and, when applicable, the cause of death.
If you’re being investigated or charged over fentanyl-laced drugs in Greenville, our drug charge defense attorneys at Eppes & Plumblee, P.A. can examine the alleged transaction, drug testing, statements, searches, and other evidence prosecutors may use against you.
Fentanyl-Laced Drug Cases in Greenville May Involve Different Criminal Charges
The charge depends on what prosecutors allege happened and what the evidence supports. South Carolina’s controlled substances law prohibits conduct, including distributing, manufacturing, dispensing, purchasing, delivering, and possessing a controlled substance with the intent to distribute or deliver it. Depending on the facts, a fentanyl-laced drug case could involve possession, possession with intent to distribute, distribution, or trafficking.
The presence and quantity of fentanyl can also lead to more serious drug charges. Under S.C. Code § 44-53-370(e)(9), possessing four grams or more of fentanyl or a fentanyl-related substance, or four grams or more of a mixture containing one of those substances, can constitute trafficking in fentanyl. The penalties increase with the amount involved and can also depend on whether it’s your first or subsequent offense.
For instance, four to less than 14 grams carries a first-offense range of seven to 25 years, while 14 to less than 28 grams carries a mandatory 25-year term. 28 grams or more carries a 25 to 40-year sentence, with a 25-year mandatory minimum.
Likewise, a death can lead to an additional and much more serious charge. Under S.C. Code § 16-3-80, knowingly and unlawfully providing fentanyl or a fentanyl-related substance can constitute fentanyl-induced homicide when the drug is the proximate cause of another person’s death. A conviction can lead to imprisonment of up to 30 years.
Various Drugs Can Be Laced With Fentanyl
Fentanyl can be mixed with other illicit drugs or pressed into counterfeit pills made to resemble legitimate medications. The Drug Enforcement Agency (DEA) reports fentanyl has been found in heroin, cocaine, and methamphetamine, and counterfeit pills have been made to look like oxycodone, hydrocodone, Xanax, and Adderall.
Legally, however, the important question isn’t simply whether fentanyl was present. Prosecutors still must prove the elements of the specific offense charged, including any required proof that you knowingly distributed, possessed, or provided the controlled substance.
Prosecutors Rely on Different Evidence to Build Fentanyl-Laced Drug Cases
Prosecutors can build a fentanyl case from physical evidence and information surrounding an alleged transaction. Depending on the investigation, these may include:
- Seized drugs and laboratory testing
- Text messages or social-media communications
- Recorded transactions
- Surveillance footage
- Witness statements
- Cash or electronic payment records
- Packaging, scales, or other physical evidence
- Search-warrant evidence
- Statements made to law enforcement
The importance of each piece depends on what prosecutors are trying to prove. For example, while a positive drug test establishes what was in a substance, it doesn’t necessarily answer every question about who possessed it, who supplied it, or what that person knew.
Multiple Agencies Often Investigate Fentanyl Cases in Greenville
The risk of fatal overdose is one reason South Carolina authorities devote significant investigative and prosecutorial resources to suspected fentanyl distribution. Because these cases can involve distribution networks that cross city, county, state, and national lines, multiple agencies may pool their investigative resources and information. In Greenville, recent fentanyl investigations have brought together the Greenville County Multi-Jurisdictional Drug Enforcement Unit, SLED, federal agencies, local law enforcement, prosecutors, and the South Carolina State Grand Jury.
Before a Fentanyl Allegation Becomes a Conviction, Contact Our Proactive Greenville Drug Charge Defense Lawyers
A fentanyl allegation can involve complex questions about the substance, the alleged transaction, knowledge, and causation. What prosecutors can prove and what really happened is key to your case. Book your confidential consultation by contacting Eppes & Plumblee, P.A. online or at 864-581-3450.