What Are the Different Types of Drug Charges?
The State of South Carolina takes a firm stance against illegal drugs, which means you should take any drug charge that you face extremely seriously. The consequences of a conviction are harsh, and they are more so if you have a prior conviction on your record. The bottom line is that if you’ve been charged with a drug offense of any kind, it’s time to consult with a dedicated South Carolina drug charge lawyer.
Primary Drug Charges
Drug charges in South Carolina break down into possession, possession with intent to distribute, trafficking, and manufacturing. The fact is that even a small amount of an illegal drug can lead to serious consequences, and this includes when the drug is marijuana. While many other states have embraced a more forgiving attitude toward marijuana possession – and some have even legalized its recreational use – South Carolina is not among them.
Simple Possession
Simple possession refers to having an illegal substance on your person or in your custody – with no intention of selling or distributing it. Simple possession relates to being in possession of an illegal drug that is for personal use only and depending on the amount of the drug and its classification, the fines and penalties can vary considerably.
Possession of less than an ounce of marijuana, for example, carries the lightest sentence. A conviction can lead to fines of from $100 to $200 and to a jail sentence of from 0 to 30 days. A simple possession charge for heroin, on the other hand, carries up to five years in prison and fines of up to $5,000.
Possession with Intent to Distribute
Possession with intent to distribute (PWID) is a step up from simple possession, and the charge generally applies when the amount of the drug in question exceeds the *threshold weight *set by the state, which varies from substance to substance. The fines and penalties increase from here, and for many of these charges, at least 85 percent of the sentence must be served.
Trafficking
The charge of trafficking generally applies when the amount of the drug in question reaches a specific amount. Examples include:
- 10 pounds of marijuana
- 4 grams of heroin
- 10 grams of cocaine or cocaine base
At this level, the potential prison term tops out at 40 years, with most requiring that at least 85 percent of the sentence be served.
Manufacturing
Manufacturing refers to making the illegal drug at issue, and the most common examples in South Carolina are growing marijuana and cooking meth or crack cocaine. Other forms of manufacturing include pressing pills, creating capsules, cooking LSD, and growing psilocybin mushrooms. Most manufacturing charges don’t allow suspended sentences or probation.
Consult with an Experienced South Carolina Drug Charge Attorney Today
Matthew Swilley at Swilley Law Firm, LLC, is a formidable Murrells Inlet drug charge lawyer who is committed to fiercely advocating for an optimal outcome in your case and has the legal insight and resources to help make that happen. For more information about what we can do to help you, please don’t hesitate to contact us online or call 843-773-2789 today.