Penalties for Drug Possession in South Carolina

Possessing a controlled substance without a valid prescription is illegal in South Carolina. The state continues to levy serious penalties for drug possession. Defendants face the prospect of years behind bars, fines, and other difficulties. Unfortunately, even first-time offenders can be penalized.

If you are facing drug possession charges, you need skilled legal help. Call William G. Yarborough, Attorney at Law, to meet with an experienced Greenville, SC, drug charges lawyer.

Understanding South Carolina Drug Laws

South Carolina drug laws are complicated. The main law is found at S.C. Code § 44-53-370.

Our state assigns penalties for drug possession charges based on various factors, such as the drug, the quantity, and whether the defendant has prior criminal offenses. South Carolina assigns drugs to different schedules according to their dangerousness, and the schedule can matter when it comes to penalties.

Possession of Schedule I and II Narcotics and LSD

Possessing any of these drugs is a misdemeanor offense if this is your first offense. You can face a maximum of two years behind bars and a $5,000 fine.

If you have a prior possession charge, then your second offense is a felony, with punishment reaching up to five years in prison and a maximum $5,000 fine.

Possession of Cocaine

You face the following penalties for possession of cocaine:

A first offense is a misdemeanor, with defendants facing up to three years behind bars and a maximum $5,000 fine.
A second offense is a felony, with a maximum of five years in prison and $7,500 fine.
A third or subsequent offense is also a felony, which will result in up to 10 years in prison and a maximum $12,500 fine.

Possession of Fentanyl

If you are caught with more than two grams of fentanyl, you can face felony charges:

First conviction: up to five years in prison and a $5,000 fine.
Second offense: up to 10 years in prison and a $7,500 fine.
Third and subsequent offenses: Maximum 15 years in prison and $10,000 fine.

Possession of Marijuana

South Carolina has not decriminalized marijuana. That is a big misconception. You can face drug charges for possessing even small amounts of marijuana.

If you have 28 grams or less, then you are facing misdemeanor charges. A judge can send you to jail for up to 30 days in jail and assess a small fine ($100-200). If you are convicted a second time, then you face a maximum of one year in jail and a $1,000 fine.

Possession of Other Scheduled Drugs

You can face misdemeanor charges if you are caught with other scheduled drugs. The penalties include:

First offense: up to six months in jail and/or a maximum $1,000 fine.
Second or subsequent offense: up to one year in jail and/or a maximum $2,000 fine.

Please contact an experienced criminal defense attorney if you are unsure of your charges. We encourage everyone to fully understand the severity of the drug charges, as well as possible defenses.

What if You Are Caught with Large Quantities of Drugs?

Possession charges typically involve small amounts of drugs, perhaps no more than what a person would consume in one session. But what if you are caught with large quantities? In that case, the state can bring other drug charges for trafficking or possession with intent to distribute.

For example, if you are caught with one gram of cocaine or more, then the law presumes this is evidence of your intent to distribute. You can face much harsher penalties.

Similarly, large quantities of drugs could lead to trafficking charges, which are almost always felonies and carry serious penalties.

Non-Criminal Penalties for Drug Possession

Some penalties are not criminal, but defendants should be aware of them. People convicted of drug possession charges can face:

Discrimination in employment. Employers can reject your application when they see you have been convicted of a drug crime. Some jobs prohibit someone with a drug offense from working, no matter how much time has passed.
Denial of educational opportunities. Colleges and universities ask about criminal convictions on their applications. They might deny admission or kick you out of school if you are already a student.
Trouble renting an apartment. Landlords often request permission to run a background check, which can turn up drug charges. The landlord might quickly reject you for this reason.
Loss of civil rights for a felony conviction. Felons in South Carolina lose certain civil rights, such as voting rights, while they are serving their sentence.

These are only a few of the most significant consequences of a conviction on drug charges. Call William G. Yarborough to discuss other penalties for drug possession.

Can You Avoid Prison?

Defendants can sometimes avoid going to jail or prison. South Carolina recognizes that some people are using drugs because of an addiction, or they make a simple mistake, and should not have to spend years behind bars. They aren’t a threat to society, so the state has offered alternatives to help rehabilitate them.

Our criminal defense lawyer can discuss sentencing alternatives for drug charges:

Pretrial intervention. The Solicitor might agree to place a first-time offender in an intervention program. If you complete all requirements, then the Solicitor will dismiss the drug charges.
Conditional discharge. A judge may offer a first-time offender a conditional discharge if the defendant meets certain requirements.
Drug court. Greenville County has a Drug Court where defendants will plead guilty, and the judge then suspends or transfers the sentence. Drug court is an 18-month program that seeks to address chemical addiction through counseling, random drug testing, and active case management.

Schedule Your Private Consultation Today

Drug possession charges require an immediate response. As your attorney, William G. Yarborough can review the evidence, including any statements you made to the police. Sometimes it is possible to fight the charges and even get a case dismissed. That would save a defendant from the time and expense of defending themselves. In other situations, first-time offenders might be best off going through an intervention so they can quickly move on with life. Contact us today to learn more in a private consultation.