Fentanyl Laws in South Carolina: Possession, Trafficking, and Immunity

Fentanyl laws in South Carolina are among the strictest in the country: possessing more than two grains (about 0.13 grams) is a felony, four grams triggers a trafficking charge with a mandatory minimum of seven years in prison, and if a trafficking supply causes a fatal overdose the court can add up to 20 years on top. The state also gives limited criminal immunity to people who call 911 for someone who is overdosing, and it has made naloxone and fentanyl test strips legal to obtain and carry.

Possession Penalties

South Carolina draws its sharpest line at two grains of fentanyl or any fentanyl-related substance. Two grains is roughly 0.13 grams. That threshold separates a misdemeanor from a felony.

Two Grains or Less

Possession of two grains or less falls under the general misdemeanor provision for controlled substances. A first offense carries up to six months in jail and a fine of up to $1,000. A second or subsequent offense increases to up to one year in jail and a fine of up to $2,000.¹

More Than Two Grains

Once the quantity exceeds two grains, the charge becomes a felony:

First offense: up to five years in prison and a fine of up to $5,000.
Second offense: up to ten years and a fine of up to $7,500.
Third or subsequent offense: up to fifteen years and a fine of up to $10,000.

A judge can suspend the sentence and grant probation on a first or second offense, and the person remains eligible for parole, work release, and good conduct credits. That discretion disappears at the third offense.¹

Trafficking Penalties

Four grams is the trafficking threshold. Intent to sell is irrelevant. Four grams in your pocket is enough to charge you with trafficking under the law Governor Henry McMaster signed in August 2023.²

Weight Tiers

4 grams to less than 14 grams (first offense): mandatory minimum of seven years, up to 25 years, and a $50,000 fine. A second or subsequent offense at this tier jumps to a mandatory 25 years and a $100,000 fine.
14 grams to less than 28 grams: mandatory 25 years and a $200,000 fine, regardless of prior record.
28 grams or more: mandatory minimum of 25 years, up to 40 years, and a $200,000 fine.

These mandatory minimums cannot be suspended or probated. A judge has no discretion to impose a lighter sentence.²

Fatal Overdose Enhancement

If a trafficking offense results in someone’s death from an overdose, the court adds up to 20 additional years of imprisonment, served consecutively. A person convicted of trafficking 14 grams whose supply killed someone could face 25 years for trafficking plus 20 years for the death, back-to-back.³

Good Samaritan Immunity for Overdose Calls

South Carolina Code Section 44-53-1920 gives limited criminal immunity to a person who calls 911 for someone who appears to be overdosing.⁴ To qualify, the caller has to meet all of these conditions:

Act in good faith and reasonably believe they are the first person to call for help.
Give their real name to the 911 operator or to law enforcement on scene.
Stay with the person until first responders arrive.
Not be calling during the execution of an arrest warrant or search warrant.

The immunity covers possession of a controlled substance, possession of drug paraphernalia, and certain alcohol offenses discovered as a result of the 911 call. It does not cover everything. Trafficking-level quantities and unrelated offenses remain prosecutable.

One important limitation: the statute is written for the person calling on behalf of someone else, and its title reflects that. If you have used this immunity before, the court has discretion to decide whether to extend it again based on the prior circumstances.⁴

Naloxone and Fentanyl Test Strips

The South Carolina Overdose Prevention Act, codified at Title 44, Chapter 130, expanded public access to naloxone, the medication that reverses an opioid overdose in minutes. Prescribers can issue naloxone directly to patients or their caregivers, and pharmacists can dispense it under a standing order without an individual prescription. Prescribers issuing the order and first responders who administer naloxone in good faith are protected from civil and criminal liability.⁵ Over-the-counter naloxone nasal spray is also sold at most pharmacies without any prescription, typically running between $23 and $69 for a two-dose kit.

Fentanyl test strips are legal. The state’s drug paraphernalia law explicitly excludes rapid test strips and any testing equipment designed solely to detect fentanyl or its analogues, so you can buy, carry, and use them without a paraphernalia charge.

Drug Court as an Alternative

South Carolina runs drug treatment court programs in multiple judicial circuits. These are court-supervised, intensive outpatient programs lasting at least 12 months, combining regular court appearances, drug testing, counseling, and structured accountability.

Eligibility varies by circuit, but programs generally require a history of substance use and exclude people with violent offense histories, pending violent charges, or a documented record of drug dealing. Whether a fentanyl possession charge qualifies depends on the specific circuit’s criteria and the prosecutor’s willingness to offer diversion. If you are facing charges, ask your attorney about drug court eligibility early. Acceptance can be the difference between treatment and a felony record.

Where to Get Help

As of April 2025, the former Department of Alcohol and Other Drug Abuse Services (DAODAS) has been reorganized into the Office of Substance Use Services within the new Department of Behavioral Health and Developmental Disabilities. The office coordinates treatment through a network of state-licensed and nationally accredited providers across South Carolina.⁶ Options through that network include medication-assisted treatment with buprenorphine or methadone, medically supervised detoxification, inpatient residential treatment, intensive outpatient programs, outpatient counseling, and peer-based recovery support.

These lines operate around the clock:

SAMHSA National Helpline, 1-800-662-4357: free treatment referrals and information, 24/7, English and Spanish.⁷
988 Suicide and Crisis Lifeline: call, text, or chat 988 for substance use crises, mental health emergencies, or suicidal thoughts. You do not need to be suicidal to use it.⁸
FindTreatment.gov: SAMHSA’s locator for nearby opioid treatment programs, buprenorphine providers, and other services.

1
South Carolina Legislature. South Carolina Code 44-53-370 – Prohibited Acts A
2
Office of the Governor. Gov. Henry McMaster Signs Fentanyl Trafficking Bill Into Law
3
South Carolina Legislature. 2023-2024 Bill 242 – Trafficking in Fentanyl
4
South Carolina Legislature. South Carolina Code 44-53-1920 – Limited Immunity for a Person Who Seeks Medical Assistance for Another
5
South Carolina Legislature. South Carolina Code Title 44 Chapter 130 – South Carolina Overdose Prevention Act
6
South Carolina Office of Substance Use Services. South Carolina Office of Substance Use Services
7
SAMHSA. FindTreatment.gov
8
SAMHSA. 988 Frequently Asked Questions