‘False Hope’: Prosecutors Blast South Carolina’s New Fentanyl Homicide Bill – FITSNews

A coalition of South Carolina solicitors is speaking out against a recently passed fentanyl homicide statute, warning it offers little real help in combating the deadly opioid crisis ravaging communities across the Palmetto State.

In a sharply worded statement released by the office of S.C. fourteenth circuit solicitor Duffie Stone – and signed by eleven other elected solicitors – the Palmetto State’s new “fentanyl-induced homicide” bill was blasted as ineffective, difficult to enforce and ultimately misleading for the victims’ families it was meant to empower.

“The recently passed fentanyl-induced homicide law … fails to provide prosecutors any real tools,” Stone wrote in the letter (.pdf). “It will be rarely used.”

In contrast to the “crucial first step” taken by lawmakers in 2023 with the passage of a fentanyl trafficking bill, the new legislation – S. 156 – “ensures the status quo,” prosecutors claimed.

“Under no circumstances will it be the game-changer some are touting it to be,” Stone wrote. “Unfortunately, it will give grieving parents false hope of holding drug pushers responsible for their kills.”

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Passed by both chambers of the General Assembly – and currently awaiting the signature of governor Henry McMaster (a former attorney general and U.S. attorney) – the bill creates a new felony homicide offense for those who “knowingly provide” fentanyl that leads to someone’s death.

“Though the statute has other problems, the use of the word ‘knowingly’ will make it nearly impossible to prove,” Stone asserted in the letter.

According to him and his fellow prosecutors, criminals who claim they believed they were selling heroin or OxyContin “will be a standard defense.” Also, Stone and the solicitors referenced the glut of counterfeit pills pressed to mimic legitimate pharmaceuticals.

“Pills pressed with fake logos and false identifiers will provide an instant defense,” they wrote.

Instead of what they describe as an empty gesture, the solicitors are asking the S.C. General Assembly to pass legislation they believe would have real impact: a state-level Racketeer Influenced and Corrupt Organizations (RICO) law along with a comprehensive anti-gang statute.

“To stop the infiltration of fentanyl, we must stop the organizations that are distributing it,” Stone said. “There are manufacturers, wholesalers, and distributors getting this substance into our communities. We can stop them with a state RICO and gang law.”

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RELATED | SOUTH CAROLINA SEES ‘FENTANYL SURGE’

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South Carolina remains one of the few states without its own RICO statute — a powerful prosecutorial tool that allows authorities to indict entire criminal enterprises, rather than taking down one defendant at a time.

“Without this tool, we must piecemeal prosecutions,” Stone said, “charging and prosecuting individuals for individual acts without being able to show the jury their over-arching criminal scheme.”

A gang enforcement bill – S. 76 – is currently pending before the legislature. Prosecutors say its passage could mark a turning point in the fight against organized drug distribution in South Carolina.

“Unlike the current fentanyl homicide law, its passage would be a game changer,” Stone wrote.

The letter was signed by solicitors from 11 of South Carolina’s sixteen circuits — including several from districts that have seen devastating impacts from fentanyl trafficking in recent years. Among its signatories: David Pascoe (first circuit); Bill Weeks (second circuit); Mike Burch (fourth circuit); Byron Gipson (fifth circuit); Randy Newman (sixth circuit); Barry Barnett (seventh circuit); David Stumbo (eighth circuit); Scarlett Wilson (ninth circuit); Rick Hubbard (eleventh circuit); Jimmy Richardson (fifteenth circuit); and Kevin Brackett (sixteenth circuit).

The solicitors’ statement reflected growing frustration within the prosecutorial community regarding its struggles to keep up with the scale and complexity of the fentanyl crisis. Overdose deaths in South Carolina — many linked to counterfeit pills and illicit drug trafficking networks — have surged in recent years, prompting calls for stronger enforcement tools at the state level.

Whether the S.C. General Assembly will advance the kind of legislation prosecutors say is necessary — such as a state RICO statute or gang enforcement bill — remains to be seen. But with fentanyl continuing to devastate communities across the Palmetto State, lawmakers face mounting pressure to move beyond symbolic gestures and deliver laws with real impact.

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THE LETTER…

(S.C. Fourteenth Judicial Circuit)

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ABOUT THE AUTHOR …

Jenn Wood is FITSNews’ incomparable research director. She’s also the producer of the FITSFiles and Cheer Incorporated podcasts and leading expert on all things Murdaugh/ South Carolina justice. A former private investigator with a criminal justice degree, evildoers beware, Jenn Wood is far from your average journalist! A deep dive researcher with a passion for truth and a heart for victims, this mom of two is pretty much a superhero in FITSNews country. Did we mention she’s married to a rocket scientist? (Lucky guy!) Got a story idea or a tip for Jenn? Email her at jenn@fitsnews.com.

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