In Beaufort County, S.C., a newly enacted law aims to tackle the escalating issues associated with fentanyl, although certain prosecutors believe it has flaws that could hinder its application.

Senate Bill 156, known as the Fentanyl-Induced Homicide Act, introduces a new felony charge targeting those who illegally distribute fentanyl or related substances, resulting in someone’s death.

S.156: 

• Distributors of fentanyl or related substances can be charged with fentanyl-induced homicide if the substance causes a death 
• Convictions carry penalties of up to 30 years in prison 
• Defendants cannot argue that the victim’s consent or ingestion absolves responsibility, except in narrow cases of suicide backed by clear evidence 

“South Carolina is making its stance known: dealing fentanyl that leads to a fatality will result in full accountability,” stated Attorney General Alan Wilson. “This law provides prosecutors with a significant weapon to target dealers consciously endangering our communities. I’ve dedicated years to combating this drug epidemic, and S.156 raises the consequences for those behind fentanyl-related fatalities.”

“I know what the practical effect of this statute is going to be and it’s nothing other than raising the hopes of people who have lost loved ones to this poison,” 14th Circuit Solicitor Duffie Stone explained.

That’s how 14th Circuit Solicitor Duffie Stone feels about the bill now sitting on the governor’s desk.

It says that “the person who knowingly provides fentanyl commits the felony offense of fentanyl-induced homicide.”

While the charge sounds severe, Stone says one word makes this law nearly impossible to prosecute.

“I’ve heard from mothers and fathers who have lost children to this poison, and they will be quick to tell you that their son or daughter did not overdose on fentanyl, said Stone. “They didn’t know they were taking fentanyl to begin with.

“What the word knowingly in this statute does is it allows the dealer or the person who provided the fentanyl to the deceased person to say, I didn’t know it was fentanyl, Stone said. “Even to the extent of being able to say I thought I was giving them heroin. I thought I thought I was giving them cocaine. That’s a defense now.”

“It is a legitimate defense to the statute, because the statute requires prosecutors to prove that the person who gave the deceased, the fentanyl, knew it was fentanyl.”

Stone isn’t alone in his feelings.

He and 11 other solicitors from around the state sent a letter to the Governor saying this law is not the game changer some are touting it to be.

“You are raising the hopes of people who have lost children, brothers, relatives to fentanyl,” Stone said. “That you’re going to be able to hold the person that gave them their son or their daughter the fentanyl, accountable and you’re not that’s raising false hopes. And that’s a that’s a tragedy in itself.”

“The prosecutors of South Carolina, they’re going to be the people that have to tell the victims that despite everyone saying this is the end all, be all, and it’s going to actually stop the fentanyl trade that it’s not.”

“Will you use the statute?”

“I doubt it. I don’t think anybody is going to use the statute.

Stone hopes the Solicitors’ letter can be the start of a discussion about better ways to prosecute these crimes for prosecutors and the families of victims.

The bill was passed by both the Senate and House and is waiting for Governor Henry McMaster’s signature.