Fentanyl is a potent opioid that is only safe when administered under medical supervision. In recent years, fentanyl has rapidly become the most dangerous drug on the streets. In fact, synthetic opioids, primarily fentanyl, contribute to nearly 60% of all overdose fatalities each year. Ingesting, inhaling, or absorbing just two milligrams of fentanyl can cause a lethal overdose.
Given the dangers associated with fentanyl possession, law enforcement and prosecutors have made it their mission to prosecute offenders. However, determining if a person had control of an illicit substance, such as fentanyl, is not always straightforward, especially if the drug is found in a shared living space or vehicle. If you or a family member has been accused of fentanyl possession, our defense attorneys are here to advocate for your rights.
Actual versus Constructive Possession
Possession is defined as legal control or ownership. In South Carolina, an individual can be charged with actual or constructive drug possession. Whereas actual possession involves having physical control over a substance, constructive possession involves having access to control the substance. While actual possession might involve drugs found in your pocket, constructive possession might involve drugs found in a shared living space.
What Must a Prosecutor Prove to Establish Constructive Possession?
Given the nuances of constructive possession, certain elements must be satisfied to charge a person with fentanyl possession in South Carolina. A prosecutor must prove that, although the defendant does not have physical control over the substance, the defendant had:
- Knowledge that the controlled substance (i.e., fentanyl) is present
- Knowledge that the substance is illegal
- Control over the fentanyl, even if it is not in their physical possession
If the State can prove that you had actual or constructive possession of more than two grains of fentanyl, you may be charged with a felony offense. If found guilty, you may be imprisoned for up to five years, fined $5,000, or both imprisoned and fined.
When Fentanyl is Found in a Shared Vehicle
It can be difficult for the government to bring drug possession charges against an individual, especially when fentanyl is found in a shared vehicle. If you let your friend routinely borrow your car or if you are not the only driver, the prosecution must prove that you still had dominion or control over the vehicle.
When Fentanyl is Found in a Shared Home
Fentanyl is routinely found in shared living spaces. If fentanyl is found in a shared home or residence, the prosecution may need to prove that the defendant could have accessed the drugs if they wanted to. If the drugs were found in the defendant’s personal room, this may be clear-cut, but it is less so if the drugs are found in a hidden location (such as in a safe). If fentanyl is hidden, the prosecution must present evidence showing that the defendant knew of its whereabouts.
When Fentanyl is Found in a Shared Apartment
In a shared-apartment case, the prosecution must prove that the defendant had access to the location where the drug was found. If the fentanyl is in the defendant’s bedroom or another room in which the defendant had personal belongings, this may be easier to establish.
Lack of Control or Knowledge Against Constructive Possession Charges
Simply being in proximity to fentanyl is insufficient to prove simple possession or possession with intent to distribute. The prosecution has the burden of showing that the defendant was aware of the presence of the drugs and the illegal nature of the drugs. The State must also prove that the defendant exerted control over the fentanyl.
At Eppes & Plumblee, our legal team can build a defense based on the specifics of your case. A charge of constructive possession is not a slam dunk for the prosecution, and our team of legal professionals will challenge the validity of the prosecution’s case. If the only evidence establishing constructive possession was obtained illegally, we will move to have that evidence excluded.
Do Not Hesitate to Contact Our Greenville Drug Charge Defense Lawyers
Being accused of fentanyl possession after having the substance found in a vehicle, home, or any residence that you share with other people can be infuriating. If you have been charged with constructive possession, our Greenville drug charge defense lawyers are here to offer you the legal guidance you need.
At Eppes & Plumblee, our team of attorneys understands the distress that you are experiencing in the face of drug possession charges. Having helped residents in our community for nearly 30 years, we seek practical solutions to real-world problems. To arrange your confidential consultation, our Greenville office can be reached online or by calling (864) 581-3450.