South Carolina groups controlled substances into five schedules based on their potential for abuse and accepted medical use. These classifications determine how the state regulates controlled substances and influence how drug offenses are prosecuted.
At Query Sautter & Uricchio, LLC, we represent clients facing drug crime charges throughout the Charleston area. Understanding what each schedule means provides useful context for how controlled substances are treated under state law and why the classification of a particular drug is important.
Understanding South Carolina’s Drug Schedules
South Carolina uses five schedules to classify controlled substances. As new information becomes available, the state can add, remove, or reclassify controlled substances. The five schedules are:
- Schedule I: Substances with a high potential for abuse and no accepted medical use. Examples include heroin, LSD, and marijuana. Although many states have legalized marijuana, it remains a Schedule I controlled substance in South Carolina.
- Schedule II: Substances with accepted medical uses but a high potential for abuse. Common examples include fentanyl, oxycodone, methamphetamine, and Adderall.
- Schedule III: Substances with accepted medical uses and a lower potential for abuse than Schedule II drugs. Examples include ketamine, anabolic steroids, and certain products containing limited amounts of codeine.
- Schedule IV: Substances with a lower potential for abuse than Schedule III drugs. Common examples include Xanax, Valium, Ativan, and Ambien.
- Schedule V: Substances with the lowest potential for abuse among controlled substances. Examples include certain cough medicines containing limited amounts of codeine and some anti-diarrheal medications.
South Carolina also divides Schedule II and Schedule III drugs into narcotic and non-narcotic categories. Fentanyl and oxycodone are examples of narcotics, while Adderall, methamphetamine, ketamine, and anabolic steroids are classified as non-narcotics. The classification affects the penalties for certain offenses.
How Do Drug Schedules Affect Criminal Charges?
South Carolina law first looks at the alleged offense, such as possession, possession with intent to distribute, distribution, manufacturing, or trafficking. The drug’s schedule then helps determine the penalties that apply.
For example, a first conviction for distribution is punishable by different maximum penalties depending on the type of controlled substance:
- Schedule I and II narcotics: Up to 15 years in prison and a $25,000 fine.
- Many other Schedule I, II, or III substances: Up to 5 years in prison and a $5,000 fine.
- Schedule IV substances: Up to 3 years in prison and a $3,000 fine.
- Schedule V substances: Up to 1 year in jail and a $1,000 fine.
Trafficking offenses are treated differently. Instead of relying primarily on the drug’s schedule, South Carolina bases trafficking charges on the quantity of the controlled substance involved, with mandatory minimum prison sentences that increase as the amount increases.
We’re Here to Help You Understand Your Legal Options
Understanding South Carolina’s drug schedules is a good starting point, but a criminal case is built on evidence. The prosecution still has to prove the charge, and the outcome depends on the facts of the case. An experienced criminal defense attorney can evaluate the evidence and explain what it means for your situation.
Query Sautter & Uricchio, LLC represents clients facing drug charges in Charleston and throughout South Carolina. If you’ve been charged with a drug offense, reach out to our firm through our contact page or call (843) 795-9500 to discuss your case with an attorney.