South Carolina has harsh drug laws, especially for distribution. Still, drug possession can (and often is) charged as a felony as well. At Query Sautter & Uricchio, LLC, we defend all types of drug cases. Our Charleston drug crimes defense attorney can explain the key differences between drug possession and drug distribution charges in South Carolina.
Difference #1: The Legal Definition
First and foremost, it is important to understand the difference in the legal definition between possession and distribution in South Carolina:
- Possession is defined as having a controlled substance on your person or within your control. Possession can be actual (in your hand or pocket) or constructive (in your home or vehicle if you exercise dominion and control).
- Distribution is defined as the sale, delivery, or transfer of a controlled substance to another person, though prosecutors do not always need to prove a completed sale in order to obtain a conviction on a distribution charge
Difference #2: The Evidence Used By Prosecutors
The typical evidence that is used by South Carolina prosecutors tends to be different in a possession case than in a distribution case. Possession cases typically involve a smaller quantity of drugs without additional materials. Distribution cases, by contrast, often include larger amounts of narcotics accompanied by items associated with trafficking, such as scales, plastic baggies, ledgers, or significant sums of cash. Prosecutors may also introduce electronic evidence (such as text messages, call records, or surveillance footage) as circumstantial proof of an intent to distribute.
Difference #3: The Severity of the Penalties
All drug charges are serious in South Carolina. With that being said, there are differences in the typical penalties in a possession case and a distribution case. Simple possession of certain controlled substances (such as marijuana under one ounce) may be charged as a misdemeanor for a first offense. Still, possession of drugs like cocaine, heroin, or fentanyl can lead to felony charges even for small amounts. Distribution carries far harsher sentencing ranges. For example, under S.C. Code Ann. § 44-53-370, distribution of Schedule I or II narcotics can result in years in prison, including a mandatory minimum sentence.
Difference #4: The Available Defense Strategies
Finally, the defense strategies that are viable also tend to be different in possession cases than in distribution cases. In possession cases, a common defense is to challenge whether the drugs were truly under the defendant’s control. Many cases turn on those key elements. The second most common defense strategy in a possession case is a plea agreement. First-time offenders may even qualify for treatment/rehabilitation for possession of small amounts of a drug. In distribution cases, the defense often focuses on intent, arguing that the drugs were for personal use rather than sale. Fourth Amendment challenges to searches and seizures are critical in both types of cases.
Contact Our Charleston Drug Crimes Defense Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston drug crimes defense lawyer is standing by, ready to protect your rights and your interests. If you were arrested for possession or distribution, please do not hesitate to contact us today for a fully confidential consultation. With an office in Charleston, we handle drug cases throughout the broader South Carolina region.