What Are Drug Charges and What Are Their Penalties

South Carolina drug charges generally fall into three levels: simple possession, possession with intent to distribute, and trafficking. The level often depends on the type and amount of the drug, not just what you planned to do with it. Trafficking is the most serious charge and carries mandatory prison time that a judge cannot suspend. Kinard Law Group defends people facing all three types of charges in Lexington and across South Carolina.

What Separates Possession From Intent to Distribute?

The amount of a drug can turn a possession charge into a distribution charge. South Carolina law lists amounts that allow prosecutors to argue you intended to sell or distribute the drug. These amounts include:

• More than one gram of cocaine
• More than one ounce of marijuana
• More than 10 grams of hashish
• More than two grains of heroin
• More than 15 dosage units of MDMA (ecstasy)

Prosecutors do not need a scale, baggies, or text messages to bring this charge. Having more than the listed amount can be enough for the State to argue intent to distribute. The State still must prove its case, but the weight of the drug becomes a key issue. That is why our attorneys often ask for the substance to be weighed again early in a case.

What Are the Penalties for Drug Charges in South Carolina?

Drug penalties depend on the type of drug, the amount, the specific charge, and whether you have prior offenses. Examples of first-offense penalties include:

• Possession of one ounce or less of marijuana: A misdemeanor with up to 30 days in jail or a fine of $100 to $200
• Possession of one gram or less of methamphetamine or cocaine base: A misdemeanor with up to three years in prison, a fine of up to $5,000, or both
• Intent to distribute a Schedule I or II narcotic: A felony with up to 15 years in prison, a fine of up to $25,000, or both
• Intent to distribute marijuana or certain other drugs: A felony with up to five years in prison, a fine of up to $5,000, or both
• Trafficking: A felony with a mandatory prison sentence that cannot be suspended or replaced with probation, starting at three to 10 years and increasing with the amount

Under S.C. Code § 44-53-370, trafficking charges begin at 10 grams of cocaine, four grams of heroin or other opiates, and 10 pounds of marijuana. Methamphetamine trafficking also begins at 10 grams under a separate statute.

Actual Possession Versus Constructive Possession

Actual possession means the drugs were found on you, such as in your pocket. Constructive possession means the drugs were not on you, but the State claims you knew about them and had control over them. For example, after a traffic stop, officers may charge everyone in a vehicle when drugs are found inside. However, this argument is weaker when several people could reach the area and no evidence links the drugs to you specifically.

Which Programs Can Keep a Conviction Off Your Record?

People without a serious criminal record may qualify for a program that helps them avoid a conviction. In Lexington County, some of these programs are run by the Eleventh Circuit Solicitor’s Office. Options may include:

• Conditional discharge for certain first-offense possession charges
• Pretrial Intervention, which can lead to dismissal of the charge after you complete the program
• Drug court for people whose cases involve substance use treatment

Entry into these programs is not guaranteed. Depending on the program, either the solicitor or the judge decides who can take part. Applying early in the case can help.

Talk to a Lexington Drug Crime Defense Lawyer

Every drug case is different, and a single gram can change the possible sentence. Your defense should be based on the specific facts of your case. Our drug crime defense attorneys represent clients in Lexington and throughout the Midlands. Call (803) 359-1003 or connect with us online for a case review.