1. Marijuana
  2. Cocaine, Cocaine Base (Crack)
  3. Heroin
  4. Methamphetamine
  5. Ecstasy
  6. LSD
  7. Ephedrine
  8. Schedule I-V Narcotic & Non-narcotic Drugs
  9. Other Miscellaneous Offenses

Introduction to drug charges in South Carolina

SC law criminalizes controlled substances possession, sale and use. Important considerations in this area of criminal law relate to the type of drug, how the drug was possessed or handled as well as the weight of the substance. Location of possession activities factor in as well. Controlled substance activities within one mile of a school can result in an additional charge commonly referred to as a “proximity” offense for which a person can be separately sentenced upon conviction.

MARIJUANA

Simple possession – Section 44-53-370 (d)(4)

Unlike manufacturing, distribution and trafficking charges, simple possession of marijuana is a misdemeanor.

  • First conviction – Fines up to $1,000.00 plus court costs or up to 30 days in jail or both
  • Second conviction – Fines between $200 and $1000, up to one year in jail or both

Manufacture, distribution and possession with intent – Section 44-53-370(b)(2)

The law of manufacture, distribution and possession with intent to sell is designed to focus on those persons whose contact with marijuana is more than just for personal use.

Manufacturing or growing marijuana is not drug-weight dependent. A person found to be growing one plant can be charged with this offense. Penalties upon conviction are related to the number of plants. If a person is charged with growing 100 plants or more, the charge is Trafficking. If under 100 plants, the punishment is tied to the weight of the plant.

Trafficking of marijuana, and almost all controlled substances, subjects a person convicted for that offense to minimum mandatory time in prison starting at 25 years for which there is no probation permitted. Parole eligibility begins after service of 85% of the term of imprisonment.

Distribution of marijuana is not drug weight-dependent. A person who sells one marijuana cigaret to another can be charged with distribution. Weight distributed enters into the picture at the ten pound level which constitutes Trafficking Marijuana.

As you can see, the type of marijuana charge and punishment make not related to drug weigh, but can relate to drug weight-and which serious consequences when enough to upgrade the charge from the original act (possession, distribution or manufacturing) to Trafficking.

Here’s how the penalties for Distribution, Manufacturing and Possession with Intent to Distribute apply:

  • First offense – Fines up to $5,000 and/or up to 5 years in prison
  • Second offense – Fines up to $10,000 and/or up to 10 years in prison and a 5 year period of ineligibility for federal benefits.
  • Third offense – Fines up to $20,000, and or between 5 and 20 years in prison and a permanently ineligibility for federal benefits.

Trafficking – 44-53-370 (e) (1)

If you’re charged with trafficking in South Carolina, as discussed above, the penalties upon conviction are serious:

  • For 10 to 100 pounds of marijuana – A minimum of 1 year and up to 10 years in prison and fines up to $10,000
  • For 100 to 2,000 pounds – At least 25 years in prison and fines up to $25,000
  • For 2,000 to 10,000 pounds – At least 30 years in prison and fines up to $25,000
  • For 10,000 pounds or more – At least 25 years in prison and fines up to $200,000

Punishments for trafficking increase for successive convictions:

  • First offense – Up to 15 years in jail and up to $25,000 in fines.
  • Second offense – Minimum jail sentence of 5 years, but no longer than 30 years, along with up to $50,000 in fines
  • Third offense – Minimum jail sentence of 10 years, but no longer than 30 years, along with up to $50,000 in fines

Drug paraphernalia – 44-53-391

Being found in possession of drug paraphernalia, like bongs, pipes or materials used in the sale or manufacture of marijuana is a civil offense (not a criminal offense) and therefore not considered a misdemeanor or felony. However, you will have to pay a fine of up to $500.

Cocaine or Cocaine-Base (Crack) – 44-53-370 (d) (3)

Simple possession and/or purchase – 44-53-375 (A)

To be convicted of simple possession of cocaine powder, the State must allege and prove at trial that at least one of the following conditions are true:

“Actual possession,” which means that cocaine was found on your person (i.e. in your hand or pockets or hidden inside your bag or clothes)

OR

“Constructive possession,” which means the cocaine was found in a place that is under your control. This could be your home or car.

A first offense for possessing one gram or less of cocaine is a misdemeanor, but any subsequent offenses of any amount will be considered a felony. The penalties could cost you thousands of dollars and years of your freedom. Consider:

  • First offense – Up to 3 years behind bars and or fines up to $5,000
  • Second offense – Up to 5 years in prison and or fines of up to $7,500
  • Third offense or greater – Up to 10 years in prison and or up to $12,500 in fines

Possession with Intent to Distribute, Distributing or Manufacturing

If you’re found in possession of more than one gram of cocaine, you could be facing charges of possession with intent to distribute (PWID), which carries pretty big penalties. Several factors, in addition to the amount of cocaine you are caught with, determine the severity of the charges and penalties. These include:

  • Evidence of communications, like text messages for example, that demonstrate your intent to sell
  • Having scales or other measuring devices
  • Having quantities of cocaine separated into smaller containers

Intent to distribute cocaine is a serious offense and brings serious consequences. The SC Code of Laws leaves little room of leniency. If convicted of manufacturing and distribution, you could face the following:

  • First offense – Up to 15 years behind bars and or fines up to $25,000
  • Second offense – Between 5 and 30 years in prison and or fines of up to $50,000
  • Third offense or greater – Between 10 and 30 years in prison and or up to $50,000 in fines. Suspension or probation will not be granted.

Trafficking – 44-53-375 (C)

* Suspension or probation will not be granted for cocaine or cocaine base (crack) charges.

If you’ve been caught with between 10 and 28 grams, then the consequences are as follows:

  • First offense – Between 3 and 10 years in prison and fines of up to $25,000 in fines
  • Second offense – Between 5 and 30 years in prison and up to $50,000 in fines
  • Third offense or greater – Between 25 and 30 years in prison and up to $50,000 in fines

If you’ve been caught with between 28 and 100 grams, then the consequences are as follows:

  • First offense – Between 7 and 25 years in prison and up to $50,000 in fines
  • Second offense – Between 7 and 30 years in prison and up to $50,000 in fines
  • Third offense or greater – Between 25 and 30 years in prison and up to $50,000 in fines

If you’ve been caught with more than 100 grams, you could be facing 25 years or more in prison and up to $200,000 in fines, depending on the amount of drugs in possession.

Heroin

Simple possession and/or purchase – 44-53-370 (d) (1)

South Carolina law considers heroin a controlled, dangerous substance. If you’re caught with heroin in your possession and it’s your first drug offense, the charge will be a misdemeanor. However, if you have previous drug charges on your record, even for drugs other than heroin, you will face felony charges.

If you’re charged with possession of heroin, here’s how the penalties add up:

  • First offense – Up to 2 years in prison and or fines of up to $5,000
  • Second offense – Up to 5 years in prison and or up to $5,000 in fines
  • Third offense or greater – Up to 5 years in prison and or fines reaching $10,000

Manufacturing and distribution – 44-53-370 (b) (3)

Intent to distribute heroin is a felony charge doled out depending on the circumstances surrounding your arrest. If the State determines that you intended to distribute the drug, the consequences are sobering:

  • First offense – Fines up to $25,000 and or imprisonment of up to 15 years behind bars.
  • Second offense – Minimum prison sentence of five years, but not longer than 30 years, and or fines reaching $50,000
  • Third offense or greater – Minimum prison sentence of 10 years, but not more than 30 years, and or fines of up to $50,000

Trafficking – 44-53-370 (e) (3)

The harshest penalties associated with heroin in South Carolina are for a trafficking conviction. The specific consequences depend on the amount of heroin found in your possession. The fines and penalties for trafficking heroin are:

  • First offense – Between 4 and 14 grams, a $50,000 fine and a minimum of 7 years in prison, but not more than 25 years
  • Second offense – Between 4 and 14 grams, $100,000 in fines and a prison sentence of 25 years
  • For 14 to 18 grams of heroin, a prison sentence of 25 years and fines reaching $200,00.
  • For more than 28 grams of heroin, a $200,000 fine and a minimum prison sentence of 25 years, but not more than 40 years.

Methamphetamine

Simple possession and/or purchase – 44-53-375(A)

To be convicted of simple possession of methamphetamine, the State is required to prove actual or constructive possession.

“Actual possession” means that you were found with meth on your person–in your hand, for example, or in your pocket. “Constructive possession” means the drug was found in a space such as your home, car or storage unit. If you were a passenger in a vehicle where methamphetamine was found, that is also consider constructive possession.

In South Carolina, a first offense for possession of a gram or less of methamphetamine is a misdemeanor. However, subsequent offenses are felonies, and the fines and jail time go up quickly depending on the charge.

  • First offense – A fine of up to $5,000 and up to three years imprisonment
  • Second offense – Up to 5 years in prison and a fine up to $7,500
  • Third offense – A prison sentence of up to 10 years and fines reaching $12,500

Manufacturing and distribution – 44-53-375(B)

Intent to distribute methamphetamine by either selling or giving it to others is a felony charge called “possession with intent to distribute” or PWID. There are tough penalties for this charge, even tougher for ones for repeat offenders.

  • First offense – Fines reaching $25,000 and or up to 15 years in prison
  • Second offense – Minimum sentence of five years, but not more than 30 years in prison and or fines up to $50,000
  • Third offense or greater – Minimum sentence of 10 years, but not more than 30 years in prison and or fines up to $50,000. Suspension or probation will not be granted.

Trafficking – 44-53-375(C)

Even more serious than possession with intent to distribute is trafficking. Trafficking consists of selling, manufacturing, distributing or purchasing methamphetamine or bringing 10 grams or more of methamphetamine into the state.

The penalties for trafficking methamphetamine are much more serious than the lesser charges above. For one thing, the entire prison sentence must be served in full–no part of it can be served on probation or any part of it suspended. On top of that, a judge will require you spend time in prison and pay a fine (not either or).

For between 10 and 28 grams, you’re looking at the following consequences:

  • First offense – Between three and 10 years in prison and fines of up to $25,000
  • Second offense – Between five and 30 years in prison and up to $50,000 in fines
  • Third offense or greater – Between 25 and 30 years in prison and up to $50,000 in fines. Suspension or probation will not be granted.

For between 28 and 100 grams, you could be facing:

  • First offense – Between seven and 25 years in prison and fines of up to $50,000
  • Second offense – Between seven and 30 years in prison and up to $50,000 in fines
  • Third offense – Between 25 and 30 years in prison and up to $50,000 in fines. Suspension or probation will not be granted.

Anyone in possession of more than 100 grams could spend 25 years or more in prison and be required to pay up to $200,000 in fines.

MDMA (Ecstasy) | “Molly” when in a crystallized form

Simple possession and/or purchase

Being charged with simple possession of MDMA or ecstasy means you were found with less than 15 dosage units when you were arrested. This is a misdemeanor charge with penalties including fines, jail time or both.

If you’re convicted of possession of MDMA, you’ll be facing one of these consequences:

  • First offense – Up to six months in jail and a $1,000 fine
  • Second offense – Up to 12 months in jail and a fine of $2,000
  • Third offense – Up to one year in jail and a $2,000 fine

Manufacturing and distribution

If you’re found to have 15 dosage units or more, the State may determine that you were intending to sell or give ecstasy to others. In that case you could be charged with possession with intent to distribute, also called PWID. Intent to distribute is a felony with stiff consequences. The penalties are harsher for second, third and subsequent offenses.

  • First offense – Up to five years in prison and a fine of up to $5,000
  • Second offense – Up to 10 years in prison and a fine of up to $10,000
  • Third offense – Minimum of five years in prison, but not more than 20 years, and a fine of up to $20,000

Trafficking

The charge of trafficking MDMA or ecstasy is a felony offense. Because the State takes trafficking ecstasy so seriously, the consequences are quite steep. Not to mention, there is no possibility of probation or suspended sentences.

If convicted, the severity of the penalties depends upon how much MDMA was found in your possession. Here is the breakdown of the consequences based on the amount of ecstasy and number of offenses:

For 100 dosage units or equivalent

  • First offense – Between three to 10 years imprisonment and a fine of $20,000
  • Second offense – Minimum sentence of five years, but not more than 30 years, and a $40,000 fine
  • Third offense – Minimum prison sentence of 25 years, but not more than 30 years, and a fine of $50,000

For 500 dosage units or equivalent

  • First offense – Minimum sentence of seven years, but not more than 25 years, and a $50,000 fine
  • Second offense – Between seven and 30 years in prison and a $50,000 fine
  • Third offense – Minimum of 25 years in prison, but not more than 30 years, and a $50,000 fine

For 1,000 dosage units the penalty is a mandatory minimum sentence of 25 years and a fine of $100,000.

LSD

Simple possession and/or purchase

The drug charges in SC for possession of LSD vary depending on whether this is your first offense or if you’re a repeat offender. For simple possession of LSD, you’ll be charged with a misdemeanor. Yet if this is your second offense or a subsequent offense, you can expect more serious penalties.

The consequences for possession of LSD are:

  • First offense – Up to two years in jail and or up to $5,000 fine
  • Second offense – Up to five years in jail and or up to $5,000 fine
  • Third offense or greater – Up to five years in jail and or up to $10,000 fine

Manufacturing and distribution

If the State determines that you had any intention of giving or selling LSD to anyone, you will be charged with possession with intent to distribute (PWID). If you’re found with more than 50 micrograms of LSD, chances are you’ll be charged with intent to distribute. This is more serious than simple possession. PWID is a felony offense with grave consequences:

  • First offense – Up to 15 years in prison and or a fine of up to $25,000
  • Second offense – Minimum sentence of five years but not more than 30 years and or a fine of up to $50,000
  • Third offense or greater – Minimum sentence of 10 years in prison but not more than 30 years, and or a fine of up to $50,000

Trafficking

A charge of trafficking can be brought against you for selling, manufacturing, distributing or purchasing LSD. Trafficking in LSD is a felony and, if convicted, you may have no possibility of probation or a suspended sentence. In South Carolina, the sentencing terms for a trafficking charge depend on the amount of LSD found in your possession and whether or not you are a repeat offender.

Here is how the penalties are allotted:

For 100 dosage units

  • First offense – Minimum sentence of 3 years but not more than 10 years in prison, and or up to a $20,000 fine
  • Second offense – Minimum sentence of 5 years up to 30 years, and or a $40,000 fine
  • Third offense – Mandatory minimum sentence of 25 years in prison, but not more than 30 years, and or a fine of $50,000

For 500 dosage units

  • First offense – Between 7 and 25 years in prison and a fine of $50,000
  • Second offense – Between 7 and 30 years in prison and a fine of $50,000
  • Third offense – Mandatory minimum sentence of 25 years but not more than 30 years, and a $50,000 fine

Trafficking 1,000 dosage units or more comes with a mandatory minimum sentence of 25 years in prison and a fine of $100,000.

Ephedrine

Simple possession and/or purchase

Ephedrine is a drug commonly found in cough and cold medicine. Since it has an accepted medical use, purchasing and possessing small amounts of the drug is legal. Because ephedrine is recognized to have a high potential for abuse, the retail sale of the drug is closely regulated by the State. Anyone purchasing or possessing more than 9 grams of ephedrine in a month could be charged with a criminal offense.

Possession of a “controlled dangerous substance” like ephedrine is a misdemeanor. If convicted, you’ll face the following consequences:

  • First offense – A fine of up to $1,000 and six months in jail
  • Second offense – A $2,000 fine and up to 12 months in jail
  • Subsequent offenses – Up to one year in jail and a fine of $2,000

Manufacturing and distribution

If you’re found with more than nine grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers or any combination of those substances, you will be charged with possession with intent to distribute (PWID).

Though this is a misdemeanor, there is a possibility of fines or jail time. If convicted of a second offense, both the fines and jail time double. What’s more, the sentence for a third offense or higher must be served without probation or suspension.

  • First offense – Up to one year in jail and a fine of up to $1,000
  • Second offense or subsequent- Up to two years in jail and a fine of up to $2,000

Trafficking

The breakdown of penalties for trafficking in ephedrine is fairly complex. The consequences you face will be determined by the amount of the drug found to be in your possession. Whether or not you are a repeat offender also carries some weight in the penalties.

For an amount of ephedrine between 9 and 28 grams

  • First offense – Up to 10 years in prison and a fine of $25,000
  • Second offense – Minimum of 5, but not more than 30, years in prison and a fine of $50,000
  • Third offense or greater – Between 25 to 30 years in prison and a $50,000 fine

For an amount of ephedrine between 28 and 100 grams

  • First offense – Minimum sentence of 7 years, but not more than 25 years, in prison and a fine of $50,000
  • Second offense – Between 7 and 30 years in prison and a fine of $50,000
  • Third offense or greater – Minimum of 25, but no more than 30 years in prison, and a $50,000 fine

For an amount of ephedrine between 100 and 200 grams, the minimum sentence is 25 years in prison and a fine of $50,000 regardless of number of offenses.

Similarly, trafficking between 200 and 400 grams of ephedrine carries a minimum sentence of 25 years imprisonment and a $100,000 fine.

The most severe offense for trafficking in ephedrine is a minimum sentence between 25 and 30 years and a $200,000 fine for over 400 grams of the drug.

Scheduled Narcotic and Nonnarcotic Drugs

Schedule I Drugs

The drugs in this category have a high potential for abuse. Furthermore, these drugs have no current accepted medical use for treatments in the U.S. and are not considered safe, even under medical supervision. Examples of these drugs include heroin, LSD, marijuana, ecstasy and bath salts. Considering that three U.S. states have legalized marijuana, marijuana use advocates are challenging the classification of marijuana as a Schedule I substance in company with heroin.

Schedule II Drugs

Drugs placed in this category have a high potential for abuse. Although these drugs have currently accepted medical use for treatments within the U.S., there are restrictions due to the possibility of severe psychological or physical dependence caused by abuse. Examples of these drugs include hydrocodone, belladonna, oxycodone, morphine and fentanyl.

Schedule III Drugs

These drugs have potential for abuse, but less so than schedule 1 and 2 drugs. Drugs in this category have accepted medical use for treatments in the U.S. There is a limited risk of psychological or physical dependence. Examples of these drugs include codeine and ephedrine.

Schedule IV and V Drugs

Drugs categorized as schedule IV or schedule V have a low abuse potential. There are currently accepted medical use for treatments in the U.S. And the risk of physical or psychological dependence due to abuse is limited. Examples of these drugs include lorazepam, and phenobarbital.

Other Miscellaneous Drug Offenses

In addition to the various specific drug charges and penalties described above, there are several other drug charges in SC Code of Law that could apply to your case. These drug charges range from misdemeanor to felony depending on the circumstances of your arrest.

Possession of drugs without a prescription

If you’re found to be in possession of a “controlled dangerous substance” without a valid prescription, it could land you with up to 2 years in jail and a $500 fine. However, penalties vary based on the type and amount of the controlled substance in question.

Possession with intent to distribute near a school or park

Selling or giving away drugs near a school or a park is a considered a serious offense. This felony charge is punishable with up to 10 years in prison and fines up to $10,000, if convicted.

Purchase of drugs near a school or park

Buying illegal substances near a school or a park is a misdemeanor offense. A conviction will lead to up to one year in jail and a $1,000 fine.

Obtaining certain drugs, devices, preparations or compounds by fraud, deceit, or the like.

The penalties for this charge depend on the specific circumstances of your case, as well as whether or not this is your first offense. If it’s your first drug offense, then you’ll be charged with a misdemeanor. Second or subsequent offenses call for a felony charge.

  • First offense – Up to 2 years imprisonment and a $500 fine
  • Second or subsequent offenses – Up to 5 years in prison and a fine of $2,000

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