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There are multiple types of drug charges in South Carolina.
Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain drug trafficking vs. possession and what to know if you’re facing charges.
How South Carolina Categorizes Drug Offenses
South Carolina categorizes drug offenses into three categories: possession, manufacture/distribution, and trafficking.
Possession
Possession is having a small amount of a controlled substance on your person or in your control.
Of all SC drug offenses, possession is the least serious. Some drug possession charges in South Carolina are misdemeanors. S.C. Code § 44-53-370(c) is the South Carolina drug possession law.
Manufacture and distribution
S.C. Code § 44-53-370(a) prohibits drug manufacturing and distribution. Other than stating that it’s illegal to manufacture, deliver, distribute, and dispense prohibited substances, the law doesn’t say what exactly proves that the defendant manufactured or delivered the controlled substance. The state must prove its case based on individual circumstances. A person may be charged with an attempt.
Trafficking
Trafficking is a separate drug charge in South Carolina. Certain controlled substances have a threshold amount, where possession of that amount or more is automatically considered trafficking. The state doesn’t have to prove that the person intended to sell or distribute the drug. The amount that the person is in possession of is enough to elevate the charge to drug trafficking.
Simple Possession vs. Possession with Intent
While all drug charges are serious, there are significant differences between simple possession, distribution, and trafficking charges. Distribution charges include the intent to manufacture, deliver, or distribute the drug. Trafficking charges have the added element of having a certain amount of the drug.
When there is a conviction, the potential penalties are different.
Weight Thresholds That Trigger Trafficking Charges
Weight thresholds that trigger trafficking charges in SC are:
| Substance | Amount |
| Marijuana | 10 lbs. |
| Cocaine | 10 g. |
| Morphine, opium, salt, isomer, isomer salt | 4 g. |
| Methaqualone | 15 g. |
| LSD (lysergic acid diethylamide) | 100 tablets, capsules |
| Flunitrazepam | 1 g. |
| Gamma-hydroxybutyric acid or analog | 50 mL or mg |
| MDMA (ecstasy) | 100 tables, capsules |
| Fentanyl | 4 g. |
What are the penalties for drug trafficking charges in SC?
Penalties for drug trafficking charges in SC depend on:
- The substance involved
- The amount involved
- Whether the defendant has prior convictions
For example, penalties for trafficking in cocaine, for a first offense involving 10-28 grams, are 3-10 years in prison and a $25,000 fine. For 400 grams or more, the penalties are 25-30 years in prison with a 25-year minimum.
Compare these potential penalties with simple possession of cocaine, which is a misdemeanor punishable by up to three years in prison and a fine of up to $5,000. Potential penalties for possession can include up to 10 years in prison and a fine of $12,500. While these are still serious penalties, they’re much less than the potential penalties that come with a drug trafficking conviction.
Mandatory Minimum Sentences in SC
Mandatory minimum sentences apply to many drug charges in SC. Judges don’t have discretion. If a mandatory minimum applies to the conviction, the judge must apply it.
That makes the legal process especially important for defendants. You must aggressively fight the charges against you. If the charges against you are dismissed, no penalties are imposed. If you’re convicted of a lesser offense, only the potential penalties for the lesser offense apply. Similarly, if you plead to lesser charges, only the penalties of the plea bargain apply.
Common Defenses to Drug Charges
Common defenses that apply to drug charges are:
No possession. You did not possess the drugs. The drugs were not on your person, or they were in a shared space. Or the police may have mistaken you for someone else.
Not a controlled substance. The substance you possessed was not a controlled substance. This may be due to testing errors or a failure to test. Testing may reveal a different substance.
Amount in possession. You didn’t possess the amount that the police allege.
Constitutional violations. The police violated your constitutional rights when conducting a search or when questioning you.
Possession was not knowing. Someone planted the drugs on you. You didn’t know they were there.
Chain of custody. The evidence is untrustworthy because law enforcement didn’t properly store it.
Improper measurement. The substance was measured improperly, so the weight is not reliable.
No intent to distribute or deliver. There’s no proof that you intended to distribute or transfer the substance.
How to beat a drug trafficking charge
To fight the charges against you, you may question the knowledge or honesty of witnesses. You may question the search, custody, and testing of the substance. You may question the weight that you’re accused of having.
The preliminary court process can be especially important. A preliminary motion may challenge the case on a constitutional basis. You may benefit from a drug diversion program, like adult drug court. Cooperating with law enforcement may reduce the charges. It’s important that you understand the options, potential benefits, drawbacks, and considerations as you navigate your case.
Why You Need a Columbia Drug Crime Lawyer
Drug charges are serious, and they are complex.
You need a Columbia drug crime lawyer. Your lawyer can investigate and represent you to fight the charges.
Shealey Law Firm is a drug possession and trafficking law firm. Call or message us now.