Gladius Legis
Legend
I cannot fathom why such a character would waste her potential on a few extra d6s?
So, you can use your only level 9 slot to do 10d8 extra damage. Once. Against a single target. That you actually have to face in combat.
When you are a 18-level spellcaster.
That instead could cast Meteor Swarm or Wish or something.
Wut!? In what scenario did this come across as so overpowered it needed capping?
I wouldn't spend a 9th-level slot for it, but then again the best 9th-level spells are intentionally designed to break the natural power curve from 1st-8th. So fair enough there.
But I'd feel pretty good about using a 6th- or 8th-level slot for it uncapped. What are your best single-target damage spells from 6th-8th? Disintegrate, which will outdamage a single-Smite turn IF the enemy fails the save, but is a literal wasted use of a slot if the save is successful (and forget about using it on Legendary enemies). An upcast Scorching Ray IF an Evoker or Gold/Red Dragon Sorcerer (but not otherwise). That's pretty much it. Smiting beyond 4th-level slots would be very competitive with those spells raw damage-wise, even if you only Smite once that turn (and wipes those spells out if you Smite twice or more), and would be a more practical use of your slots in many cases.
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