South Carolina Heroin, Opiates, and Opioids Laws

Code of Laws of South Carolina

• South Carolina Code of Laws Section 44-53-110 (poisons, drugs, and other controlled substances)
• South Carolina Code of Laws Section 44-53-190 (schedule I controlled substances)
• South Carolina Code of Laws Section 44-53-210 (schedule II controlled substances)
• South Carolina Code of Laws Section 44-53-370 (prohibited acts A; penalties)

Possessing heroin, opiates, or opioids with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance is a felony (§ 44-53-370(a)(1)). If convicted, the person faces the following:

• First offense: up to 15 years in prison and a fine of up to $25,000
• Second offense: mandatory minimum sentence of five years up to 30 years in prison and a fine of up to $50,000
• Third or subsequent offense: mandatory minimum sentence of 10 years up to 30 years in prison and a fine of up to $50,000
• Possessing four grains of opium, four grains of morphine, two grains of heroin, or two grains of fentanyl or a fentanyl-related substance is a prima facie violation.

Possessing heroin, opiates, or opioids (unless they obtained it from an authorized practitioner or pursuant to a valid prescription) is either a felony or misdemeanor. Offenders face the following:

• First offense (misdemeanor): up to two years in prison and a fine of up to $5,000
• Second offense (felony): up to five years in prison and a fine of up to $5,000
• Third or subsequent offense (felony): up to five years in prison and a fine of up to $10,000

If the substance was more than two grains of fentanyl or a related substance:

• First offense (felony): up to five years in prison and a fine of up to $5,000
• Second offense (felony): up to 10 years in prison and a fine of up to $7,500
• Third offense or subsequent offense (felony): up to 15 years in prison and a fine of up to $10,000

Creating, distributing, dispensing, delivering, or purchasing heroin, opiates, or opioids is a felony. Offenders face the following penalties:

• First offense: up to 15 years in prison and a fine of up to $25,000
• Second offense: mandatory minimum sentence of five years up to 30 years in prison and a fine of up to $50,000
• Third or subsequent offense: mandatory minimum sentence of 10 years up to 30 years in prison and a fine of up to $50,000

Selling, manufacturing, delivering, purchasing, or bringing four or more grams of morphine, heroin, fentanyl, opium, or opium isomers into South Carolina is a felony known as trafficking in illegal drugs or trafficking in fentanyl. Sentences depend on the amount of drugs involved:

Between four to 14 grams:

• First offense: between seven to 25 years in prison and a fine of up to $50,000
• Subsequent offense: mandatory minimum sentence of 25 years in prison and a fine of up to $100,000

Between 14 to 28 grams:

• Mandatory minimum sentence of 25 years in prison and a fine of up to $200,000

28 grams or more:

• Mandatory minimum sentence of 25 years up to 40 years in prison and a fine of up to $200,000

Any person who is over 18 years old and distributes heroin, fentanyl, or other opioids or opiates classified in Schedule I (B) and (C) or Schedule II to someone who is under 18 years old is guilty of a felony. Penalties include:

• Up to 20 years in prison and a fine of up to $30,000

Any person who is 17 years of age or older and uses, hires, or otherwise employs a person under the age of 17 to violate drug trafficking or distribution laws, or receives a controlled substance from a person under the age of 17, is guilty of a felony, They face between five to 15 years in prison.

Distributing, selling, purchasing, manufacturing, or possessing a controlled substance intending to distribute it while in, on, or within a one-half-mile radius of a school, playground, or park is guilty of a felony. Penalties include:

• Up to 10 years of prison time and a fine of up to $10,000

• If the violation involved only the purchase of a controlled substance: up to one year in prison and a fine up to $1,000