McMaster signs fentanyl trafficking bill into law

COLUMBIA, S.C. (WIS/WCSC) - Gov. Henry McMaster has signed into law a bill that adds fentanyl-related substances to the list of controlled substances and creates a felony offense for trafficking it.

H.3503, Fentanyl Trafficking, also creates increased penalties for trafficking fentanyl compared with other drugs and establishes 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,” McMaster said. “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.”

The bill makes it a felony to possess two grams of fentanyl or a fentanyl-related substance knowingly, adding those substances to the state’s list of Schedule I controlled substances. A first offense is punishable by up to five years in prison and a $5,000 fine, a second offense is punishable by up to 10 years in prison and a $7,500 fine, and a third or subsequent offense is punishable by up to 15 years in prison and a $10,000 fine.

McMaster held a ceremonial signing of the bill Tuesday morning, but the bill, which passed the state’s House 103-1 and the Senate 45-0, took effect on June 15.

“This legislation ensures that the traffickers who are peddling this poison in South Carolina are subject to serious prison sentences, including mandatory minimums,” South Carolina Law Enforcement Division Chief Mark Keel said. “I hope this legislation serves as a deterrent to anyone who seeks to profit from this deadly drug. We must do everything we can to reduce supply and save lives.”

The law also makes it a felony to knowingly sell, manufacture, cultivate, deliver, purchase, or bring into South Carolina more than four grams of any fentanyl or fentanyl-related substance. A first offense for trafficking four to 14 grams of fentanyl is punishable by at least seven years and up to 25 years in prison and a $50,000 fine. A second or subsequent offense is punishable by a mandatory term of 25 years in prison and a $100,000 fine.

For 14 to up to 28 grams, any offense is punishable by a mandatory term of 25 years in prison and a $200,000 fine.

For 28 grams or more, any offense is punishable by a mandatory term of at least 25 years and up to 40 years in prison and a $200,000 fine.

“We have all seen in the news about fentanyl killing our people, and it was time for us to pass a law to stop fentanyl trafficking,” Rep. Doug Gilliam (R-Union) said. “We have crafted a solid, firm bill that has the teeth needed when it comes to taking a bite out of fentanyl traffickers.”

The legislation also creates a felony possession of a firearm or ammunition offense for drug dealers. Offenders convicted of possession with intent to distribute, deliver, manufacture, or traffick a controlled substance will be prohibited from possessing a firearm in South Carolina and are subject to up to five years in prison and a $2,000 fine. The firearm and ammunition must be confiscated and delivered to law enforcement.

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