Even a relatively small amount of fentanyl can result in a felony charge. In South Carolina, possession of more than two grains of fentanyl or a fentanyl-related substance is a felony. But the amount found is only one part of your case. Where the substance was found, whether you knew it was there, and whether the evidence shows you controlled or intended to distribute it can all matter. Consult with our Greenville drug charge defense attorneys at Eppes & Plumblee, P.A., to better understand your case and potential defenses.
A Small Amount of Fentanyl Can Still Be a Felony Charge in Greenville
South Carolina law doesn’t require a trafficking level quantity before fentanyl possession becomes a felony. Possessing more than two grains of fentanyl or a fentanyl-related substance can result in felony charges under § 44-53-370(d)(4). Four grams or more can lead to a separate fentanyl trafficking charge. That means saying “there was only a little fentanyl” doesn’t necessarily resolve your case. The applicable charge will depend on the specific amount, the substance, and the circumstances surrounding the alleged possession.
Finding Fentanyl Near You Does Not Automatically Mean You Possessed It
Fentanyl found in your backpack, house, vehicle, or another place you use doesn’t automatically establish that you knowingly possessed it. Prosecutors may lean heavily on the surrounding circumstances to argue that you knew about the fentanyl and had control over it. But remember that being near drugs and knowingly possessing drugs aren’t necessarily the same thing.
Knowing The Fentanyl is There Can Be a Key Issue
Knowledge can be a crucial issue when prosecutors claim you knowingly possessed fentanyl. They may point to statements, text messages, the location of the drugs, or other circumstances to argue that you knew what was present. Consider two situations. You’re a passenger in a car when police discover fentanyl in another person’s bag. That’s different from investigators finding fentanyl in your own wallet or backpack. The surrounding facts can affect whether the evidence supports an allegation that you knew about and possessed the substance.
Intent to Distribute is a Separate Question
Proving possession isn’t the same as proving that you intended to distribute the drug. South Carolina separately prohibits possession of a controlled substance with intent to distribute under S.C. Code § 44-53-370(a). Prosecutors may point to individual packages, scales, transaction messages, prepared doses, cash, or statements as evidence of intent to sell fentanyl. However, none of those circumstances automatically proves intent. Their significance depends on the facts of your particular case and what other evidence exists.
The Evidence Must Connect The Fentanyl to You
The circumstances surrounding the seizure can be just as important as the amount of fentanyl found on or near you. Potential evidence may include:
- Where the police found the fentanyl
- Who controlled the location
- Statements made to investigators
- Text messages or other communications
- Packaging
- Fingerprints or DNA, when available
- Surveillance footage
- Ownership or control of a vehicle or property
The central question is not simply “Was fentanyl found?” It can also be “What evidence connects you to it?”
Seek Legal Assistance From Our Drug Charge Defense Lawyers in Greenville
Trace amounts can still create serious exposure under South Carolina law, but the amount is only one part of a fentanyl charge. Our drug charge defense attorneys in Greenville can examine the circumstances surrounding the seizure and challenge unsupported conclusions about possession, knowledge, or intent. Arrange your confidential case review by calling Eppes & Plumblee at 864-581-3450 or sending an online message.