Arrested and charged with a drug-related offense in South Carolina? It is a very serious matter. Many drug charges are felonies. They can carry severe criminal penalties. You need to know exactly what you are facing. Within this article, our Charleston drug defense lawyers provide an overview of the penalties for drug charges in South Carolina.
South Carolina Has Strict Drug Laws (Serious Penalties)
South Carolina has strict drug laws. A conviction can carry extreme penalties. It could be life-changing if you are convicted of a drug offense. The penalties can vary significantly based on a wide range of case-driven factors, including:
- The type of drug;
- The quantity of drugs;
- Whether the charge is for possession, distribution, manufacturing, or trafficking; and
- Whether the defendant has prior convictions.
Penalties for Possession of a Controlled Substance in South Carolina
Possession charges in South Carolina depend on the type of drug and the quantity. Notably, South Carolina follows a schedule system similar to federal drug classifications. For example:
Schedule I and II Drugs (Heroin, Ecstasy, LSD, Meth, Cocaine, Oxycodone, etc.)
- First Offense: Misdemeanor, up to 2 years in prison and a fine of up to $5,000.
- Second Offense: Felony, up to 5 years in prison and a fine of up to $5,000.
- Third Offense: Felony, up to 10 years in prison and a fine of up to $10,000.
Possession With Intent to Distribute Leads to More Serious Criminal Penalties
South Carolina aggressively prosecutes possession with intent to distribute. These are distribution charges. If law enforcement finds large quantities of a controlled substance, cash, scales, or packaging materials, they may assume intent to distribute. Penalties are more serious.
Drug Trafficking Penalties in South Carolina are Especially Severe
Drug trafficking in South Carolina involves large quantities. Notably, a conviction for drug trafficking in our state carries mandatory minimum sentences. Here is an overview:
Marijuana Trafficking (10-100 pounds)
- First Offense: Mandatory 1-10 years in prison and a $10,000 fine.
- Second Offense: Mandatory 5-20 years in prison and a $15,000 fine.
- Third Offense: Mandatory 25 years in prison and a $25,000 fine.
Cocaine, Heroin, Methamphetamine (10+ grams)
- 10-28 Grams: Mandatory 3-10 years in prison and a $25,000 fine.
- 28-100 Grams: Mandatory 7-25 years in prison and a $50,000 fine.
- Over 100 Grams: Mandatory 25-30 years in prison and a $200,000 fine.
Contact Our Charleston, SC Criminal Defense Lawyer Today for Help With a Drug Charge
At Query Sauter & Associates, LLC, our Charleston criminal defense attorney is standing by, ready to fight for your rights and your interests. If you or your loved one was arrested for a drug crime, we are here to help. These charges can carry stiff criminal penalties. A proactive approach to a criminal charge is a must. Contact us today for a fully confidential case review. With an office in Charleston, our firm defends drug charges throughout the wider region in South Carolina.