New SC Law Targets Fentanyl Distribution Linked to Overdose Deaths

Each year, South Carolina’s legislative session brings legal changes that affect everyday people across the state. In this ongoing series, criminal defense lawyer Erin Bailey breaks down what’s new, what it means, and how it could impact you.

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South Carolina has joined a growing number of states in passing what’s known as a fentanyl-induced homicide law - a new criminal offense aimed at holding individuals accountable for fatal overdoses tied to fentanyl distribution.

This law is already in effect and marks the first time South Carolina has formally criminalized the act of delivering fentanyl that leads to another person’s death - even if the victim willingly ingested the drug.

What the law says

Under the new law, it is now a felony offense in South Carolina to knowingly and unlawfully deliver, dispense, or otherwise distribute fentanyl - or a fentanyl-related substance - that causes another person’s death.

This charge is called fentanyl-induced homicide, and it carries a sentence of up to 30 years in prison.

Importantly, it does not matter whether the person who died used the drug recklessly or consented to using it. The only exception built into the law is in cases where the person who provided the fentanyl also used it themselves alongside the victim. In those instances, the law says they cannot be charged under this statute.

What makes this law different

Fentanyl-induced homicide laws are designed to treat drug-related deaths more like criminal homicides than accidental overdoses. And this one reflects a long-standing push from law enforcement agencies who want more tools to prosecute the suppliers behind fatal doses.

But from a criminal defense perspective, the legal standard here will be hard to enforce.

To convict someone under this law, the state must prove that the fentanyl they distributed was the proximate cause of the death - and that they knew what they were distributing.

In reality, that’s a difficult burden. Many fentanyl-related deaths involve multiple substances or pills from different sources. In most cases, users have no idea what’s actually in what they’re taking - let alone who it came from.

Erin’s perspective: what this means on the ground

As a defense attorney, my concern is how this law will be applied - and who it will impact.

The language of the statute is broad. While it’s clearly aimed at dealers, there’s a real risk that everyday users could get swept into this charge. People who share pills or unknowingly pass along something that turns out to be fentanyl could face the same penalties as high-level traffickers.

And in many overdose cases, the person who dies may have taken drugs from multiple sources, which makes it extremely difficult to prove which batch caused the fatal reaction.

This law is likely to be tested in court, and it remains to be seen how often it will be used - and how successfully.

Why this matters

There’s no question that fentanyl is dangerous, and that the state is trying to respond to the growing number of overdose deaths tied to it.

But like many laws passed in response to public pressure, this one carries complications. It creates a serious new charge with a high sentence - and leaves room for uncertainty in how it’s enforced.

This law is in effect now.

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Follow @erinbaileylaw for more legal updates and insights.

If you’ve been charged under this law or are concerned about how it may apply to your case, contact Erin Bailey Law’s criminal defense team today.