You may not think twice about taking a painkiller prescribed for a friend, but in South Carolina, the consequences can be severe. While there is no issue in taking drugs that you have a valid prescription for, the same does not hold if another person’s name is on the prescription label. The Palmetto State has varying prescription drug offenses, all of which include lengthy jail time, fines, and a permanent criminal record.
If you have recently been charged with a prescription drug offense, the defense lawyers at Eppes & Plumblee, in Greenville, SC, are here to defend your interests. Our legal team knows what effective defense strategies to employ to safeguard your rights.
Types of Prescription Drug Crimes
Even when holding a valid prescription, the state mandates that certain rules and regulations be followed. South Carolina recognizes the following types of prescription drug crimes:
Possessing a Controlled Substance
Possession of a Schedule I or Schedule II narcotic without a prescription is a felony offense under South Carolina drug law. For a first-time offense, you may be sentenced to two years in jail and fined up to $5,000. The punishment increases in severity with subsequent offenses, with a second offense being punishable by up to five years in jail and a fine of $5,000, and a third offense subject to up to five years in jail and a fine of $10,000.
All other substances, excluding cocaine, are subject to up to six months in prison and a maximum $1,000 fine for a first-time offense. Second or subsequent offenses are punishable by up to one year in prison and a fine of $2,000.
Possession of a Controlled Substance with Intent to Distribute
If you exceed a certain quantity of a drug, then the State will assume that you intend to distribute or sell the substance. The intent to distribute (PWID) charge will depend on the type of drug and quantity in your possession. For instance, the threshold weight for cocaine is one gram.
A first-time offense is subject to a maximum of 15 years in jail, a second-time offense to a maximum of 30 years, and a third or subsequent offense to up to 30 years with a statutory mandatory minimum of 10 years upon conviction. To convict you, a prosecutor must present evidence proving that you did intend to distribute the drugs.
Theft of a Controlled Substance
Stealing prescription drugs is punishable by a maximum $5,000 fine and five years in prison for a first-time offense. A second or subsequent offense is punishable by up to 10 years in prison and a fine of up to $10,000.
Altering or Forging Prescriptions
Under South Carolina law, it is illegal to obtain a drug or device through forging or altering a valid prescription. If found guilty, you will be charged with a misdemeanor. A first-time offense is punishable by up to two years in jail, a maximum fine of $500, or both. A second or subsequent offense is a felony, punishable by up to five years in prison, a maximum fine of $2,000, or both.
Doctor “Shopping” for Narcotics
Whether it be visiting multiple doctors, faking symptoms, or lying that you have lost your meds, you may be charged with prescription fraud. Colloquially known as “doctor shopping,” prescription fraud is a person’s attempt to cheat the system to obtain controlled substances unlawfully. This crime is a common practice for those with substance abuse issues. If convicted, you may be fined $5,000 and face up to five years in prison.
Aggressive Representation
While South Carolina has some of the harshest drug crime penalties in the nation, this does not begin to cover the collateral consequences of a drug conviction. Upon completion of your sentence, you will likely have difficulty getting a home loan, finding suitable employment, or renewing professional licensure. It seems wrong that a one-time mistake can destroy both your personal and professional ambitions. Given the range of defenses available for drug offenders, you deserve experienced counsel that can fight the charges brought against you.
When you hire the legal services of Eppes & Plumblee, you can rest easy knowing that your defense attorney stays involved in every aspect of your case. Given the experience and knowledge that our legal team brings, you give yourself the greatest likelihood of a successful and speedy case resolution.
Speak with Our Dedicated Defense Attorneys Today
At Eppes & Plumblee, we believe that one transgression should not define the rest of your life. If you or a loved one has been arrested for prescription fraud, our firm is ready to utilize its expertise on your behalf. By employing our strategic defense team, you provide yourself the best chance of negating or reducing your liability. To learn more or arrange a confidential case review call (864) 581-3450 or contact online.