South Carolina Increases Penalties for Possessing, Trafficking Fentanyl

South Carolina Governor Henry McMaster has signed into law a bill that makes fentanyl trafficking a felony offense, subjecting traffickers to increased jail time. A person could face up to 40 years in prison for the offense.
South Carolina Increases Penalties for Possessing, Trafficking Fentanyl
South Carolina Gov. Henry McMaster talks at a press conference in Columbia, S.C., on Aug. 9, 2021. Jeffrey Collins/AP Photo
Aldgra Fredly
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South Carolina’s governor has signed into law a bill that adds fentanyl-related substances to the list of controlled substances and makes fentanyl trafficking a felony offense, subjecting traffickers to increased jail time.

The fentanyl trafficking bill, signed into law by Governor Henry McMaster on Aug. 1, also increased the penalties for fentanyl trafficking compared to other substances and established minimum sentences.

“Through this legislation, we provide our law enforcement and prosecutors with valuable tools to keep these drug dealers behind bars, helping to combat the unprecedented flood of fentanyl crossing the southern border and entering our communities,” Mr. McMaster stated.

The bill makes it a felony to knowingly possess two grains of fentanyl or a fentanyl-related substance. A person could face five years in prison and a $5,000 fine for the first offense. The second carries 10 years in jail and a $7,500 fine; the third could lead to 15 years and a $10,000 fine.

Mark Keel, chief of the South Carolina Law Enforcement Division, said the legislation would serve as a deterrent to those who seek to profit from fentanyl and help authorities to reduce supply and save lives.

“This legislation ensures that the traffickers who are peddling this poison in South Carolina are subject to serious prison sentences, including mandatory minimums,” Mr. Keel said in a statement.

Under the bill, trafficking between four and 14 grams of fentanyl can result in a minimum of seven years and up to 25 years in prison, along with a $50,000 fine for the first offense. Subsequent offenses carry a mandatory 25-year prison term and a $100,000 fine.

Trafficking more than 28 grams of fentanyl could lead to 40 years in prison and a $200,000 fine. The bill also creates a felony possession offense for drug dealers who possess firearms or ammunition, which may carry a sentence of five years in prison.

Fentanyl is a synthetic opioid commonly prescribed to people with chronic pain or post-surgical pain. Nonmedical use of fentanyl could be dangerous, as it can lead to addiction or a life-threatening overdose.

Bags containing approximately 58,000 fentanyl pills were seized in Multnomah County, Oregon, on July 25, 2023. (Courtesy of Multnomah County Sheriff's Office)
Bags containing approximately 58,000 fentanyl pills were seized in Multnomah County, Oregon, on July 25, 2023. Courtesy of Multnomah County Sheriff's Office

One kilogram (2.2 pounds) of fentanyl can potentially kill 500,000 people, according to the Drug Enforcement Administration (DEA). Two milligrams of the drug can be lethal depending on a person’s body size, tolerance, and past usage.

“There is significant risk that illegal drugs have been intentionally contaminated with fentanyl.  Because of its potency and low cost, drug dealers have been mixing fentanyl with other drugs including heroin, methamphetamine, and cocaine, increasing the likelihood of a fatal interaction,” the DEA stated.

In fiscal 2020, U.S. Customs and Border Protection (CBP) seized an average of 445 pounds of fentanyl per month at the southern border. In fiscal year 2021, that amount increased to about 882 pounds per month. In fiscal year 2022, the average amount of fentanyl seized per month was 1,175 pounds.

The total amount for fiscal year 2023 won’t be available until October, but the CBP has already seized more fentanyl in the first nine months than it did for all of 2022, for an average of 2,427 pounds per month.

In less than three years, the amount of fentanyl seized at the southern border per month has increased more than fivefold.

“Every month, that’s enough to kill every person in the United States,” Donna Nelson, an organic chemist and professor at the University of Oklahoma, told The Epoch Times.

Ms. Nelson said that although Americans might hear about people dying from fentanyl poisoning, she doesn’t think they’re “fully aware” of the scope of the problem.

“The public needs to be alerted about this,” Ms. Nelson said. “I don’t think that they’re really that knowledgeable.”

Katie Spence contributed to this report.