South Carolina Passes Fentanyl-Induced Homicide Act: A New Era in Combating the Opioid Crisis

On May 8, 2025, the South Carolina General Assembly passed Senate Bill 156, known as the Fentanyl-Induced Homicide Act. This legislation establishes a new felony offense for individuals who unlawfully distribute fentanyl or fentanyl-related substances that result in another person’s death. The bill now awaits Governor Henry McMaster’s signature to become law.

Key Provisions of Senate Bill 156

The Fentanyl-Induced Homicide Act introduces several critical measures:

• Felony Offense: Individuals who knowingly and unlawfully deliver, dispense, or provide fentanyl or related substances, leading to another person’s death, can be charged with fentanyl-induced homicide.

• Penalties: Convictions under this act carry penalties of up to 30 years in prison.

• Limited Defenses: Defendants cannot claim that the victim’s consent or ingestion absolves responsibility, except in cases where there is clear and convincing evidence that the decedent intended to commit suicide.

• Exceptions: Individuals who consume fentanyl alongside another consenting person, resulting in that person’s death, are not prosecutable under this statute.

Attorney General Alan Wilson’s Statement

Attorney General Alan Wilson praised the passage of the bill, stating:

“Today, South Carolina sends a loud and clear message: if you deal fentanyl and it kills someone, you will be held fully accountable. This legislation gives prosecutors a powerful new tool to go after the dealers who knowingly poison our communities.”

He further emphasized the severity of the crisis:

“We will not let up. This isn’t just a drug crisis; it’s chemical warfare on our streets, and we will treat it like the public emergency that it is.”

Legislative Journey

Senate Bill 156 was introduced in January 2025 and underwent several readings and amendments. On May 8, both the House and Senate adopted the final version of the bill with strong bipartisan support. The House approved it by a vote of 92-14, and the Senate passed it 44-1. The bill was then ordered for ratification.

Context and Implications

The passage of this bill comes amid a growing fentanyl crisis in South Carolina. In a notable case earlier this year, a Lexington County man was sentenced to 30 years in prison after providing fentanyl to a 15-year-old girl, resulting in her death.

Attorney General Wilson has long been at the forefront of efforts to combat fentanyl. His office led the “Devil in Disguise” operation in early 2024, which resulted in 64 indictments related to fentanyl trafficking and at least six confirmed deaths. He also supported Act 72 in 2023, which established mandatory minimums for fentanyl trafficking and banned convicted traffickers from possessing firearms. Nationally, Wilson has joined fellow attorneys general in pushing for the permanent classification of fentanyl-related substances as Schedule I drugs.

Since prioritizing fentanyl enforcement, South Carolina has seized more than 140 kilograms of fentanyl—enough to kill millions.

Looking Ahead

With the bill now on the governor’s desk, South Carolina is poised to become one of a growing number of states holding fentanyl distributors criminally liable for overdose deaths. If signed into law, the Fentanyl-Induced Homicide Act will mark a major step in the state’s ongoing battle against the opioid epidemic and in protecting communities from deadly drug trafficking.

Attorney General Wilson extended his gratitude to the bill’s sponsors and legislators for standing with law enforcement, prosecutors, and the families devastated by fentanyl.

“The General Assembly did the right thing. Now it’s time to get this bill signed into law and start saving lives.”