The South Carolina Department of Public Health (DPH) reports that nearly ten percent of state residents report that they have personally received illicit drugs within the last month. Each year, thousands of people in our state face criminal drug charges. The severity of drug-related offenses—and the severity of the punishment—vary based on a wide variety of factors. Here, our Charleston drug crimes defense lawyer provides an overview of the factors that go into the punishment for drug-related offenses in South Carolina.
Four Big Factors that Determine Drug Crimes Penalties in South Carolina
1. The Substance
The actual drug in question matters. Not all controlled substances are classified (scheduled) the same way in South Carolina. Both state law and federal law treat certain types of drugs more harshly in criminal cases. Controlled substances are classified into five schedules under state and federal law, with Schedule I drugs (like heroin and LSD) considered the most dangerous and carrying the harshest penalties. These cases are usually prosecuted aggressively. Schedule V drugs are considered to be the least serious in South Carolina. Penalties are reduced.
2. The Amount
The amount of the drug in question is also another huge factor in drug cases in South Carolina. Small amounts may lead to a misdemeanor charge for personal use, while larger quantities often trigger felony charges for possession with intent to distribute or trafficking. South Carolina law sets specific weight thresholds that automatically escalate the severity of the offense. For example, possession of more than one gram of cocaine may be presumed to be for distribution and can lead to very serious criminal charges against the defendant.
3. Trafficking/Distribution
Whether the charge involves distribution or trafficking is a major factor in sentencing. South Carolina imposes mandatory minimum prison sentences for trafficking offenses, even for first-time offenders. Distribution charges typically involve evidence of sale or transfer, such as marked bills or undercover buys, while trafficking is generally based on the volume of drugs involved. Even without money changing hands, packaging, scales, or communications about drug sales can be used to upgrade charges.
4. Prior History
Finally, the defendant’s prior criminal history (or lack thereof) will be a factor in the criminal penalties that they face in a drug case in South Carolina. South Carolina law allows for enhanced sentencing if the person has prior convictions for similar crimes, particularly within a 10-year lookback period. Repeat offenders may face mandatory minimum sentences, the denial of parole, or reclassification of a misdemeanor to a felony. On the other hand, first-time offenders may have options for treatment and/or rehabilitation instead of jail.
Call Our Charleston, SC Drug Crimes Defense Lawyer Today
At Query Sauter & Associates, LLC, our Charleston drug crimes defense attorney is standing by, ready to protect your rights and your interests. If you have any questions about drug crime punishment, please do not hesitate to contact us today for a free case review. From our Charleston law office, we defend drug possession and drug distribution charges throughout South Carolina.