The prevalence of drug use in the United States is becoming a grave concern, leading to ruined relationships, financial hardship, and the deaths of thousands of young people. Understandably, South Carolina legislation is taking aggressive measures against drug offenders, increasing jail sentences and potential fines. If you are facing drug charges in South Carolina, do not think that, as a first-time offender, you will be let off the hook.
Although subsequent offenses are charged more harshly, first-time offenders are still subject to jail time, fines, and, in some cases, compensation to the victim (restitution).
At Eppes & Plumblee, P.A., our Greenville, SC, criminal defense attorneys are committed to helping defendants understand the legal system and what options are available to them. If you have been accused of a drug-related offense, do not hesitate to speak with our drug crime lawyers as soon as possible.
Simple Possession
South Carolina makes it illegal to possess a controlled substance unless you obtained the drug from your doctor in the scope of their practice or through a valid prescription. Simple possession is the act of having an illicit substance on your person or in your custody. The punishment will depend on the amount in your possession and if you have any prior offenses. For example, having 28 grams or less of marijuana is a misdemeanor, with even a first offense punishable by a maximum of 30 days in jail and a potential fine of $200.
Possession with Intent to Distribute
When you have a certain amount of a controlled substance in your possession, you will be charged with possession with intent to distribute, as opposed to simple possession. The larger quantity suggests that you probably intend to use it for more than just personal use.
Drug Trafficking
When the substance in your possession reaches a certain threshold, a drug trafficking charge will apply. Drug trafficking is defined as the illegal trade of any type of controlled substance. The most common drugs being trafficked as of fiscal year 2024 include methamphetamine, fentanyl, cocaine, heroin, and marijuana. Given the recent surge of fentanyl trafficking, the government is taking a firm stance against perpetrators.
When the transaction takes place across state lines or international borders or if large quantities of drugs are at play, you will likely face federal charges. Under South Carolina law, the following quantities will trigger a drug trafficking charge:
- Marijuana: Ten pounds
- Cocaine or cocaine mixture: Ten grams
- LSD: One hundred tablets, capsules, dosage units, or the equivalent quantity or more
- Heroin: Four grams
- Ecstasy or MDMA: One hundred tablets, capsules, dosage units, or the equivalent quantity
Even as a first-time offender with less than 100 pounds of marijuana in your possession, you face jail time of one year if convicted. You could be sentenced to the statutory maximum of 10 years if there are any aggravating factors (i.e., if a weapon is involved, if the drug activity is gang-related, or if the crime is committed near a school or park). Do not think that because you have no priors, you do not need to retain representation.
No matter what your criminal history, even if you have no record, you will want to work with an attorney who can help you develop a strong defense strategy. By obtaining a criminal defense lawyer early in the process, you will have the best chance of a positive outcome.
Contact a Greenville Criminal Defense Attorney Today
Being arrested for a drug crime can be utterly terrifying, making you fearful of what lies ahead. Even when facing drug charges, you deserve a team that will show you loyalty, respect, and unwavering support. That is exactly what you will get when you hire the Greenville criminal defense lawyers at Eppes & Plumblee, P.A.
Our legal team is committed to helping individuals feel heard, addressing any concerns you might have, and keeping you informed throughout each step of the legal process. To arrange your consultation to discuss your matter, our office can be reached online or by calling (864) 581-3450.