Fentanyl charges often carry harsher penalties in South Carolina because the law specifically addresses fentanyl possession and trafficking, imposes escalating penalties for certain quantities, and creates a separate felony for fentanyl-induced homicide when unlawfully provided fentanyl causes a death.
Fentanyl’s extreme potency is part of the reason these offenses receive such serious attention. If you are facing a fentanyl charge in Greenville, our criminal defense lawyers at Eppes & Plumblee, P.A. can review the specific offense, quantity, prior convictions, and evidence behind the charge to determine what penalties actually apply to your case.
Fentanyl’s Extreme Potency Raises The Stakes
Fentanyl is 100 times more potent than morphine and up to 50 times more potent than heroin, such that two milligrams can be fatal. Illicitly manufactured fentanyl is also commonly added to other drugs and counterfeit pills, sometimes without the person taking the drug knowing it’s there. That public health danger helps explain why South Carolina has created specific fentanyl offenses and severe penalties. But the danger of the drug doesn’t eliminate the state’s obligation to prove the particular offense charged.
South Carolina Sets Specific Penalties for Fentanyl Offenses
South Carolina law makes felony possession possible without a trafficking-level quantity. Under S.C. Code § 44-53-370(d)(4), possession of more than two grains of fentanyl or a fentanyl-related substance is a felony. The same statute separately establishes trafficking offenses involving four grams or more.
The potential punishment can increase sharply as the amount increases. A first offense involving four to less than 14 grams carries seven to 25 years, while 14 to less than 28 grams carries 25 years. Twenty-eight grams or more carries a 25 to 40-year sentence. The statute provides harsher penalties for subsequent offenses.
These are not simply maximum penalties. For the applicable trafficking offenses, the statute establishes mandatory minimum terms and provides that no part of the sentence may be suspended or served on probation.
Prior Drug Convictions Can Change Your Exposure
A prior qualifying drug conviction can make a fentanyl trafficking case substantially more serious. For instance, the penalties for a second or subsequent offense involving four to less than 14 grams are significantly higher than those for a first offense. That makes a person’s criminal record an important factor in determining the potential sentence. A prior conviction should be examined carefully rather than simply assumed to trigger an enhanced penalty.
A Fentanyl-Related Death Can Lead to a Separate Felony
A death can take a fentanyl case into an entirely different category. Under S.C. Code § 16-3-80, a person who knowingly and unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance can be charged with fentanyl-induced homicide if that substance proximately caused a person’s death. This separate charge can lead to up to 30 years in prison. However, the prosecution must establish the elements required by § 16-3-80, including the alleged unlawful provision of the fentanyl and its connection to the death.
A Statutory Penalty is Not The Same as Your Sentence
A penalty range tells you what South Carolina law provides for a particular offense. It doesn’t mean everyone charged with that offense receives the maximum sentence. The specific charge, quantity, prior record, evidence, and circumstances of the case are all crucial. That distinction is particularly important when a drug case involves multiple possible felony charges.
The Difference Between Fentanyl Charges in Greenville Can Mean Years of Prison
Fentanyl cases can carry serious consequences, but the potential sentence depends on the offense actually charged and the facts supporting it. Our Greenville criminal defense attorneys can examine those details and challenge an improper charge, unsupported enhancement, or other weakness that could affect your exposure.
Discuss your situation with our criminal defense lawyers in Greenville and arrange your confidential case evaluation by completing our submission form or calling Eppes & Plumblee at 864-581-3450.