G.D. Hancock, Ph.D.

South Carolina

South Carolina has one law on supplying drugs that cause a death.

Statutes last checked 7 October 2026 · Not legal advice

Supplying drugs that cause a death

Fentanyl-induced homicide

In force since May 22, 2025. Knowingly and unlawfully delivering, dispensing or providing fentanyl or a fentanyl-related substance when using any amount of it is the proximate cause of someone's death. It is no defense that the person who died chose to take it, unless there is clear and convincing evidence of suicide. A person who uses fentanyl together with a consenting person who dies from it cannot be prosecuted under this section.

Statute
S.C. Code § 16-3-80
Penalty
Up to 30 years. (S.C. Code § 16-3-80(B))

Calling for help: the Good Samaritan law

A person who calls for help in good faith for someone overdosing, believing they are the first to call, and gives their name, cannot be prosecuted for possession, paraphernalia and some alcohol offenses, or for delivering drugs directly to the person who overdosed. It does not mention the fentanyl-induced homicide law. A court may consider earlier calls in deciding whether to grant immunity again.

Statute: S.C. Code § 44-53-1920

Does calling for help protect against the drug-death charge? No.

The Good Samaritan law does not list the drug-death offense, so it does not protect against that charge.

Whatever the law says, if someone is overdosing, call 911. A life comes first. More on calling 911.

Federal law

Federal law applies in every state. When death or serious bodily injury results from using a Schedule I or II drug that a person distributed, federal law sets a mandatory minimum of 20 years and a maximum of life. Federal prosecutors can bring this charge whatever the state law says. (21 U.S.C. § 841(b)(1)(A)-(C))

Cases from South Carolina in the database sample

6 cases in the published sample of the drug-induced homicide case database were prosecuted in South Carolina. The database is still being built; the complete version will be published when it is finished.

Sources

  1. S.C. Code § 16-3-80
  2. S.C. Code § 44-53-1920
  3. 21 U.S.C. § 841(b)(1)(A)-(C)

About this information

This page describes what the statutes say, as of 7 October 2026. It is not legal advice, and it can’t tell you how a court will apply the law to any particular case. Laws change; check the statute, and please speak to a lawyer in South Carolina about your own situation.