Convictions for possession of illegal drugs in South Carolina, including Marijuana, Cocaine, Heroin, and the unlawful possession of prescription medication without a valid prescription, can carry serious consequences. The type of drug offense for which someone can be charged usually depends on the weight of the substance or whether the person is allegedly intending to distribute or allegedly did distribute the substance. Trafficking is the possession of a large quantity of a substance (the weight for trafficking a particular substance is designated by statute) which carries a far greater sentence if convicted.
There are two types of possession recognized by the law of South Carolina. Actual possession (having something in your hand or on your person with the knowledge that it is there) and constructive possession (knowledge of the substance and exercising dominion and control over the substance or having the right to exercise dominion and control over the substance). The government always has the burden of proving each and every element of the crime in order to get a conviction. The South Carolina State Constitution states that anyone who has been charged with a crime is entitled to a jury trial.
If a person has been charged with a drug offense or has been suspected of a drug offense, that person should refrain from making any sort of statement to law enforcement and consult an attorney at once. A person cannot be penalized for wishing to speak with an attorney or refusing to speak with law enforcement officers pertaining to allegations against them.