What Are the Penalties for Drug Charges in SC?
South Carolina takes drug charges seriously, and if you’re facing a drug charge in the state, you should do the same. The attendant sentences and penalties for drug charges in South Carolina include some minimum sentences, which means they draw a hard line on these matters. Regardless of the kind of drug charge you face, having the professional legal representation of an experienced South Carolina drug possession attorney on your side from the outset is always to your advantage.
Primary Factors that Directly Affect Penalties for Drug Charges
The severity of the penalties you’ll face in a drug charge case will be influenced by the following primary factors:
- The kind of drug involved
- The amount of the drug involved
- Any prior criminal history
Simple Possession of Marijuana and Other Common Drugs
While much of the country has loosened its marijuana laws and even made recreational marijuana legal, South Carolina is not in this camp. The state has, however, relaxed the consequences of being in simple possession of – with no intention of distributing – less than an ounce of marijuana. A first charge is a misdemeanor, and a conviction carries up to 30 days in jail with fines of from $100 to $200.
It’s worth noting that a first-time offense for simple possession of a small amount of cocaine carries fines of up to $5,000 and a prison sentence of up to 5 years. When the drug in question is methamphetamine, both the fines and the sentence can double.
Possession with Intent to Distribute
Possession with intent to distribute is a more serious charge that relates to possession of an illegal drug with the intention of selling or distributing it to others. A first offense of possession with intent to distribute marijuana can carry up to 5 years in prison and fines of up to $5,000. For a third offense, this 5-year sentence is a mandatory minimum sentence.
Drug Trafficking
Drug trafficking in South Carolina involves the transportation and sale or distribution of illegal drugs, and it’s a serious criminal offense that carries heavy sentences. Consider the following penalties for trafficking from 10 to 100 pounds of marijuana:
- The charge is a felony that comes with a prison sentence of from 1 to 10 years without parole and fines of up to $10,000 for a first-time offender.
- The charge is a felony that comes with a prison sentence of from 5 to 20 years without suspension and fines of up to $15,000 for a second-time offender.
- The charge is a felony that comes with a minimum prison sentence of 25 years without probation and fines of up to $15,000 for a third-time offender or for an offender with more than two priors.
Reach Out to an Experienced South Carolina Drug Possession Attorney Today
Matthew Swilley at Swilley Law Firm, LLC, is a formidable South Carolina drug possession attorney who appreciates the difficulty of your situation and is committed to building your strongest defense in support of your case’s best possible conclusion. Learn more by contacting us online or calling us at 843-773-2789 today.