The most common drug charges in South Carolina involve marijuana, cocaine, heroin, methamphetamine, and fentanyl – from simple possession, to possession with intent to distribute, all the way up to trafficking charges.
Below, we will discuss the different types of marijuana, cocaine, and other drug charges in South Carolina, including:
- Simple possession charges,
- Definitions of each type of drug charge,
- The difference between powder cocaine and crack cocaine charges, and
- The potential punishments for a drug conviction in South Carolina.
Marijuana, Cocaine, Cocaine Base/Crack, Heroin, Meth, Fentanyl: How Are They Handled in South Carolina?
Drug Charges in South Carolina: Marijuana Charges
In South Carolina, it is still illegal to possess any amount of marijuana – police will take you to jail for even small amounts of weed.
But what is marijuana?
There are many different types of compounds, smokable bud, tinctures, gummies, and other edibles being sold in various stores around the state – including “delta-8,” “delta-9,” and “delta-10” THC, CBD (cannabidiol), and combinations of various compounds that the stores claim are legal in South Carolina.
The claims that many of these products are legal under South Carolina law are dubious at best, although law enforcement is not currently making arrests for their sale or possession. One thing we can confirm, however, is that CBD, or cannabidiol, is legal in South Carolina but only when it is extracted from the stalks or seeds of the marijuana plant.
South Carolina Code § 44-53-110 defines what is – and what is not – marijuana, and 44-53-110 (27)(b) specifically excludes CBD derived from the stalks or seeds of the plant.
Simple Possession of Marijuana
The term “simple possession” could apply to any drug but is most often used as shorthand for “simple possession of marijuana.”
South Carolina Code § 44-53-370 defines simple possession of marijuana as possession of 28 grams (one ounce) or less of the plant, and, for a first offense, it carries a maximum penalty of 30 days in jail.
Possession with Intent to Distribute Marijuana (PWID)
Possession with intent to distribute (PWID) is when a person is accused of possessing more than one ounce but less than one pound of marijuana.
The “threshold weight” of more than one ounce of marijuana creates a “rebuttable inference” that the person possessed the drug with the intent to distribute it.
If the state proves the intent to distribute in addition to possession (which may require additional evidence of distribution like statements made by the defendant, the testimony of other witnesses who purchased or intended to purchase drugs from the defendant, or “distribution paraphernalia” like scales, ledgers, or baggies), the potential penalties for a first offense increase to a maximum of five years in prison.
Trafficking in Marijuana
The “threshold weight” for trafficking marijuana in South Carolina is one pound, and the potential penalties for a conviction range from one to ten years for a first offense of trafficking one to 100 pounds, to as much as 30 years in prison for trafficking 10,000 or more pounds of marijuana.
Drug Charges in South Carolina: Cocaine Charges
Another common drug charge in South Carolina is possession of cocaine, which could involve powder cocaine or crack cocaine (cocaine base).
What’s the difference?
“Normal” cocaine is usually in powder form and can be ingested through the nose or by intravenous injection. Crack cocaine, or cocaine base, has been “cooked” into an off-white rock-like substance that is smokable. The effects of crack cocaine are, reportedly, more intense than powder cocaine, but do not last as long.
Is there a difference in the potential penalties for a conviction for powder cocaine or crack cocaine? In South Carolina law, there used to be a difference, and crack cocaine was treated more harshly, but the potential penalties are now the same.
South Carolina Code § 44-53-370 contains the definitions and potential penalties for drug charges in South Carolina that involve powder cocaine (and most types of drugs), while South Carolina Code § 44-53-375 contains the definitions and potential penalties for crack cocaine and meth.
Simple Possession of Cocaine
Simple possession of cocaine – powder cocaine or crack cocaine – is usually charged when the person possesses less than one gram of the drug.
The potential penalties for simple possession of either powder cocaine or crack cocaine range from up to three years in prison for a first offense to as much as ten years in prison for a third offense.
PWID Cocaine
As with marijuana, cocaine has a “threshold weight” above which the police will usually charge the person with possession with intent to distribute (PWID) cocaine or crack cocaine.
If a person is alleged to have one gram or more of either powder or crack cocaine in their possession, there is a rebuttable inference that the person intended to distribute the drug, although the state may need to provide additional evidence of distribution to persuade a jury.
The potential penalties if a person is convicted of PWID cocaine or crack cocaine range from up to 15 years in prison for a first offense to as much as 30 years in prison and a mandatory minimum sentence of ten years for a third offense.
Trafficking in Cocaine
Cocaine trafficking charges in South Carolina are among the most serious drug offenses in SC and carry one of the highest potential penalties for a state-level drug offense.
The threshold weight that turns what would have been a PWID cocaine charge into a trafficking cocaine charge is ten grams of either powder or crack cocaine.
The potential penalties for a conviction are harsh and range from a mandatory minimum of three years and up to ten years in prison for a first offense of trafficking 10-28 grams up to a mandatory minimum of 25 years and as much as 30 years in prison for trafficking 400 grams or more of powder or crack cocaine.
Drug Charges in South Carolina: Methamphetamine Charges
South Carolina Code § 44-53-375 contains the definitions and potential penalties for possession, possession with intent to distribute, and trafficking in meth (also called crystal meth, methamphetamine, speed, crank, or ice).
In addition to drug charges, a person who is accused of exposing a child to meth or meth precursors can be charged with exposing a child to methamphetamine under SC Code Section 44-53-378 or unlawful conduct toward a child under SC Code Section 63-5-70.
Simple Possession of Meth
Simple possession of methamphetamine is usually charged when the person possesses less than one gram of the drug.
The potential penalties for simple possession of meth range from up to three years in prison for a first offense to as much as ten years in prison for a third offense.
PWID Meth/ Manufacturing Meth
As with other drug charges in SC, meth has a “threshold weight” above which the police will usually charge the person with possession with intent to distribute (PWID).
As with powder cocaine and crack cocaine, If a person is alleged to have more than one gram of meth in their possession, there is a rebuttable inference that the person intended to distribute the drug, but the state still needs to prove that there was an intent to distribute.
The potential penalties if a person is convicted of possession with intent to distribute meth are the same as the potential penalties for distribution of meth or manufacturing meth/ operating a meth lab – up to 15 years in prison for a first offense to as much as 30 years in prison and a mandatory minimum sentence of ten years for a third offense.
Trafficking in Meth
The threshold weight for a trafficking meth charge in SC is the same as that for cocaine or crack cocaine – if a person is alleged to have 10 grams or more of the drug, they are automatically charged with trafficking.
The potential penalties for a conviction range from a mandatory minimum of three years and up to ten years in prison for a first offense of trafficking meth 10-28 grams up to a mandatory minimum of 25 years and as much as 30 years in prison for trafficking 400 grams or more of methamphetamine.
Drug Charges in South Carolina: Heroin Charges
South Carolina Code § 44-53-370 contains the definitions and potential penalties for heroin charges in South Carolina including possession of heroin, possession with intent to distribute, and trafficking in heroin, and including related drugs like morphine or opium.
Simple Possession of Heroin
Simple possession of heroin is usually charged when the person possesses less than two grains of the drug – note that the unit of measurement is two grains, a much smaller amount than grams.
The potential penalties for simple possession of heroin range from up to two years in prison for a first offense to as much as five years in prison for a third offense.
PWID Heroin
The “threshold weight” for possession with intent to distribute heroin is two grains. If more than two grains is found on a person, there is a rebuttable inference that the person intended to distribute the drug, but the state still needs to prove that there was an intent to distribute.
If a person is convicted of PWID heroin (or manufacturing or distribution of heroin) the penalties range from up to 15 years for a first offense to a mandatory minimum of ten years and up to 30 years in prison for a third offense.
Trafficking in Heroin
Heroin trafficking charges in South Carolina have the highest potential penalty for a state-level drug offense.
The threshold weight that turns what would have been a PWID heroin charge into a trafficking heroin charge is four grams – the highest potential penalty for the least amount of drugs (the threshold weight for trafficking in most drugs is ten grams).
The potential penalties for a conviction range from a mandatory minimum of seven years and up to twenty-five years in prison for a first offense of trafficking 4-14 grams of heroin up to a mandatory minimum of 25 years and as much as 40 years in prison for trafficking 28 grams or more of heroin.
Drug Charges in South Carolina: Fentanyl Charges
Before 2023, there was no SC law that specifically outlawed fentanyl possession, distribution, or trafficking, although fentanyl was usually charged as heroin (and is often mixed with heroin or other drugs).
In June of 2023, however, SC passed a new “fentanyl trafficking” law that makes it a crime to possess or traffick fentanyl. The new penalties for fentanyl trafficking are the same as the penalties for trafficking heroin, the penalties for possession of fentanyl are the same as the penalties for PWID heroin, and there are no penalties in the new law for possession of less than two grains of fentanyl.
Simple Possession of Fentanyl
Whereas simple possession of heroin is when a person possesses less than two grains of the drug, simple possession of fentanyl under the new law is when a person possesses more than two grains of the drug.
The new law does not make it a crime to possess less than two grains of fentanyl.
The potential penalties for simple possession of fentanyl – more than two grains but less than four grams – range from up to five years in prison for a first offense to as much as fifteen years in prison for a third offense.
PWID Fentanyl
South Carolina’s new fentanyl trafficking law, passed in June, 2023, doesn’t criminalize possession of less than two grains of the drug, and it doesn’t criminalize possession with intent to distribute, distribution, or manufacturing of the drug.
“Simple possession” of more than two grains of fentanyl and up to four grams of fentanyl is punished as if it were possession with intent to distribute, however.
Trafficking in Fentanyl
South Carolina’s 2023 fentanyl trafficking law provides for the same penalties as trafficking in heroin – the highest potential penalties for any drug crime in SC (up to 40 years) with the lowest threshold drug weights (four grams or more for the lowest tier).
The potential penalties for a conviction range from a mandatory minimum of seven years and up to twenty-five years in prison for a first offense of trafficking 4-14 grams of fentanyl up to a mandatory minimum of 25 years and as much as 40 years in prison for trafficking 28 grams or more of fentanyl.
Questions About Drug Charges in South Carolina?
If you have drug charges in South Carolina, get an experienced drug crimes defense lawyer on your side immediately who can begin preparing your defense, work to get your case dismissed, negotiate on your behalf, and try your case to a jury when necessary.
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