A controlled substance is any drug or chemical whose manufacturing, possession, storage, and use are regulated by law. Under federal law, substances are classified based on their potential for abuse, accepted medical use, and risk of dependence.
At Query Sautter & Uricchio, LLC, we’ve spent decades defending clients against drug crime charges in Charleston, SC. Over the years, we’ve seen how often the term “controlled substance” is misunderstood, so we’re taking a closer look at what the term means and how these are classified.
Which Drugs Are Considered Controlled Substances in South Carolina?
In South Carolina, any drug listed in Schedule I, II, III, IV, or V is considered a controlled substance. The list includes illegal drugs as well as many prescription medications, and the South Carolina Department of Public Health updates it as new substances are added or reclassified.
Some common examples include:
- Illegal drugs: Heroin, cocaine, LSD, MDMA (ecstasy), methamphetamine, and marijuana.
- Prescription medications: Oxycodone, fentanyl, Adderall, Valium, Ativan, testosterone, and certain codeine-containing medications.
The complete list of controlled substances is much longer than these examples. South Carolina law identifies thousands of specific substances by their chemical names, so whether a drug is considered a controlled substance depends on whether it appears in the state’s schedules.
When Is Possession of a Controlled Substance Illegal?
It’s illegal to have a controlled substance when you don’t have permission under the law. For many prescription medications, that permission comes from a valid prescription issued by a licensed healthcare provider. Without lawful authorization, you could face criminal charges.
The specific charge depends on what you’re accused of doing. South Carolina law recognizes offenses such as simple possession, possession with intent to distribute, distribution, manufacturing, and trafficking. The type of controlled substance and the amount involved also affect the potential penalties.
The Role of a Criminal Defense Attorney in a Drug Case
A criminal defense attorney’s job is to evaluate the prosecution’s case before advising you on the next steps. That starts with reviewing the evidence, including police reports, laboratory results, body camera footage, and other materials the prosecution intends to use in court.
An attorney also looks for legal issues that could affect the case, such as an unlawful search or problems with how evidence was collected. Depending on the circumstances, those issues may be raised before trial, negotiated with the prosecution, or presented to a jury.
Have Questions About a Controlled Substance Charge?
Whether a substance is classified as “controlled” is only one part of a criminal case. The next question is how that classification applies to the charges against you. An experienced criminal defense attorney can explain how South Carolina law applies to your specific situation.
Query Sautter & Uricchio, LLC represents clients facing drug charges in Charleston, South Carolina. If you’ve been charged with a controlled substance offense, reach out through our form or call (843) 795-9500 to discuss your case.