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Trafficking fentanyl could become a crime in SC in 2023

Currently, there is no state law for fentanyl trafficking like there are for other drugs like heroin or cocaine.

COLUMBIA, S.C. — State lawmakers are filing bills to increase penalties for trafficking and selling fentanyl, which is responsible for hundreds of deaths in South Carolina. 

According to DHEC, fentanyl-related deaths in the state doubled between 2019 and 2020, going from 537 to 1,100.

Rep. Dough Gilliam has prefiled a bill that would establish minimum and maximum penalties for trafficking fentanyl. 

"The second, third and fourth or more offenses is written like that to hold them accountable for what they've done, especially when it impacts people's lives," said Gilliam. 

Currently the state doesn't have a trafficking law for fentanyl like it does for other drugs like heroin or cocaine. 

"We hope that we can slow the trafficking of fentanyl because it is flooding in here. And a lot of people are impacted by that drug," said Gilliam.

In the Senate, Sen. Pentry Gustafson and Sen. Brian Adams have filed a bill which would allow prosecutors to charge drug suppliers in fatal overdoses and would carry a 15 year mandatory minimum sentence. 

"It gives officers an avenue to go after drug dealers that are out there selling drugs where in the past, they have not had that tool in their tool chest to go after them," said Adams.

Adams, said he was inspired to craft the bill after his time as Commander in the Narcotics unit. 

"I would reach out to the parents or the family members who lost somebody to drug overdose, and try and help out however I can, and realized that there's nothing in place to go after the dealer that sold the drug," said Adams. 

Critics of the laws worry that instead of discouraging dealers, they will punish the friends or partners of overdose victims. 

Adams and Gilliam said they are open to amendments and willing to compromise to pass meaningful legislation in the upcoming session. 

"We need to start passing bills that can that really positively, positively affect the state of South Carolina, and help those who need help," said Adams.

"I hope, you know, both sides of the aisle can agree on this," said Gilliam.  

A similar fentanyl-specific drug-induced homicide bill has been introduced in the House.

About two dozen states of a drug induced homicide bill on the books.

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