South Carolina sets penalties for fentanyl possession, trafficking. Here’s what they are
Brandon Bowers had been a marijuana user since high school, but he eventually bought some marijuana laced with fentanyl.
Bowers died just under a year ago. He was 27.
Under a new South Carolina law, the person who sold Bowers the marijuana could have faced prison time.
The new law also makes it a felony to knowingly possess two grains of fentanyl or a fentanyl-related substance. A person faces up to five years in prison and a $5,000 fine for a first offense, up to 10 years in prison and a $7,500 fine for a second offense, and up to 15 years and a $10,000 fine for third and subsequent offenses.
People who traffic fentanyl now face anywhere from seven to 40 years in prison, depending on which offense they’re convicted of and how much they are selling.
“It’s important because I feel like the dealers that are trafficking this stuff, they probably know that there’s a chance that whatever they’re selling to somebody, there’s going to be some fentanyl in it,” said Melody Bowers, Brandon’s mother, of Greenville, who runs a foundation with her husband, Ken, to provide awareness about the dangers of drugs and guide drug users to help.
“But they’re all about the almighty dollar, and they don’t care about the lives,” Melody Bowers said.
Previously, there was no law specifically dealing with fentanyl in the state.
“We know that young people don’t have good sense,” Gov. Henry McMaster said at a ceremonial bill signing Tuesday at the State Law Enforcement Division lab in Columbia. “Everybody gets into trouble, it seems. .... But one thing we must do is stop those who would prey upon them.”
The new law, which went into effect last month, also bans anyone convicted of trafficking drugs from possessing a gun.
“It is past time that we hold drug dealers who use guns accountable,” SLED Chief Mark Keel said.
Keel added that law enforcement are dealing with fentanyl-related cases every week. Recently, law enforcement seized 44 kilograms of fentanyl in Horry County, enough to kill the state’s population four times, Keel said. Monday, law enforcement seized 200 grams of fentanyl in Aiken County.
“I have said many times that we’re losing an entire generation of young people due to illegal guns and drugs. I believe this legislation serves as a deterrent to anyone who seeks to profit from this deadly drug,” Keel said. “We must do everything we can to reduce supply and save lives.”
York County Solicitor Kevin Brackett said more needs to be done to deal with drug addiction, including providing quality rehabilitation opportunities.
“There’s two things an addict needs to overcome their addiction: access to meaningful rehabilitation, and the second thing is the motivation to embrace recovery,” Bracket said. “The motivation comes from too many people who were arrested from knowing that if you don’t embrace recovery, you can go to jail. You will go to jail. That needs to be a reality.”
Even though this bill does have a gun-related penalty for drug offenses, McMaster continued his call for increased penalties for illegal gun possession, an initiative that did not make it out of the Legislature earlier this year.
“Going forward, we must continue to crack down on criminals within South Carolina by strengthening our bond reform bill and enhancing penalties for illegal gun possession, effectively closing the revolving door once and for all,” McMaster said.
This story was originally published August 1, 2023 at 3:02 PM.
