Federal vs. State Drug Crimes

Both the federal government and South Carolina prosecute drug crimes, but there are several differences. Not all drug activity is a federal offense, and some defendants will only face state-level charges. Nonetheless, anyone picked up for a drug crime should understand the penalties they face, including whether federal prosecution is a possibility. Contact William G. Yarborough, Attorney at Law. He is a Greenville drug charges lawyer with the experience you need to fight the offense and protect your freedom. Below, we look at federal vs. state crimes. Call for a private consultation.

What Are Federal Drug Charges?

The federal government does not have a general police power. Instead, they can prosecute crimes with some relationship to interstate activity or federal property. For these reasons, federal drug crimes typically involve interstate activity or large quantities of drugs. Other federal crimes involve possession of controlled substances on federal property, such as the post office.

By contrast, the state has a general police power, so it can criminalize a wider range of conduct. South Carolina can criminalize possession of any quantity of controlled substances.

Some common federal drug crimes include:

• Possession with the intent to distribute, 21 U.S.C. § 841
• Drug trafficking and conspiracy, 21 USC §846
• Drug importation or exportation, 21 USC §§ 952-953

Federal penalties are very steep, but they depend on the substances and quantity of drugs found. For example, a conviction for possession with intent to distribute could net a person a minimum of 10 years if they are caught with 1 kilogram of any substance containing a detectable amount of heroin, or 5 kilograms of a substance with detectable amounts of cocaine.

When death or bodily injury results, then defendants can often face up to life in prison for a federal drug charge. Contact our office to discuss.

South Carolina Drug Laws

The state can prosecute a wider range of drug crimes, including possession of small amounts of drugs. Some common state-level drug crimes include:

• Simple possession
• Possession with intent to distribute
• Manufacturing
• Distribution
• Trafficking
• Conspiracy to violate South Carolina drug laws

The penalties will depend on the crime charged. Someone facing simple possession of marijuana will be charged with a misdemeanor for possession of up to 28 grams. They can face a maximum of 30 days in jail and a fine.

By contrast, a first-time offender drug trafficking defendant is facing a felony with a mandatory minimum of at least one year and possibly more. (S.C. Code 44-53-370(e).)

Federal vs. State Crimes: Which are More Serious for South Carolina Defendants?

It depends on the charges you face. Someone facing a simple possession charge under state law could possibly avoid any criminal punishment through a sentencing alternative. Otherwise, they might face a misdemeanor charge.

By contrast, federal drug charges are serious felonies with mandatory minimum sentences. Many defendants are facing a minimum 5-year mandatory sentence for possession of 100 grams of heroin, for example.

There is also no parole in the federal system. That means a defendant will not avoid prison altogether for a federal drug offense. You will need to serve some time in the federal penitentiary, although you may have supervised release after serving time.

Can You Avoid a Conviction for a Drug Crime?

This will depend on the crime you are charged with. South Carolina has several programs that are designed as alternatives to incarceration. The state realizes that not everyone with a simple possession arrest is a threat to society who needs to be locked up for decades. Likewise, the state recognizes that some drug offenders commit crimes due to their addictions. By treating the addiction, the state hopes to reduce the risk of reoffending.

If you are facing state-level charges, you might qualify for:

• Pre-Trial Intervention. Generally reserved for first-time, non-violent offenders. If you complete a diversion program, then charges are dismissed, and your arrest may be expunged.
• Treatment Court. This is a structured program for people with addiction problems. Drug court typically involves random testing, counseling, therapy, and other requirements. A defendant who completes the program can receive a reduced criminal charge or even dismissal.
• Conditional discharge. A defendant pleads guilty but then is given a list of conditions, including drug education, community service, and more. If a defendant completes the program, then a judge can dismiss the charges.

Not all drug crime defendants are eligible. Some programs are reserved for first-time offenders or for only certain drug crimes. These programs are also only available for South Carolina drug charges (not federal ones). Contact an experienced drug crime lawyer to discuss whether you can avoid prison for your offense. These are good options for many defendants.

Hire the Right Attorney

An experienced lawyer like William G. Yarborough has spent more than three decades practicing criminal law, including in federal courts. Anyone facing federal charges should hire a lawyer who understands the federal system. Although there is a certain overlap regarding Constitutional rights, the federal system has its own evidentiary rules and sentencing guidelines. An inexperienced lawyer needs time to catch up with how the federal system works.

The feds usually take a different approach to plea deals. Drug cases in federal court tend to be cases involving large quantities of drugs, so the government is generally less eager to let someone off with a reduced charge.

Speak with a Greenville, South Carolina Drug Crimes Lawyer Today

Drug charges are serious. Men and women are looking at possibly decades in prison for a drug offense. Call Attorney Yarborough to talk about the evidence in your case. We fight drug crimes like we do other offenses, by fully researching the facts and holding the prosecution to its burden of proving guilt beyond a reasonable doubt. If the government failed to secure a search warrant, we might ask the court to throw the evidence out. We can also defend our clients all the way to trial, if necessary.

If you were arrested in the 29609 zip code, contact us today.