Is Drug Possession a Misdemeanor or Felony in South Carolina?

Defendants facing drug charges are often worried about the penalties a judge will impose if they are convicted. In South Carolina, felonies are more serious offenses than misdemeanors, and a person facing a drug possession felony could end up in prison for years. Your charges will depend on the type and quantity of the drugs found in your possession, as well as other factors. Call William G. Yarborough, Attorney at Law, to discuss your case with a Greenville drug charges lawyer.

Is Drug Possession a Felony or Misdemeanor?

To determine if you are facing a felony or misdemeanor possession charge, you should first see which schedule the drug is listed on. South Carolina has created five schedules, with Schedule I drugs the most dangerous and Schedule V considered the least addictive or dangerous.

Drug Schedules in South Carolina

Here are common drugs:

• Schedule I: ecstasy, opiates, LSD, heroin, marijuana, and more
• Schedule II: codeine, opium, methamphetamine, fentanyl, oxycodone, cocaine, and more
• Schedule III: anabolic steroids, testosterone, ketamine, and other drugs
• Schedule IV: valium, barbital, Ambien, and other drugs with accepted medical uses
• Schedule V: Many prescription drugs, such as cough syrup or Motoffen, are placed on this schedule

Drug Quantity and Prior Convictions (44-53-375)

Next, the amount of drugs in your possession will also determine the charge, as well as if you have prior convictions.

• Schedule I or II narcotic. You are facing a misdemeanor offense for a first-time charge. The penalties are a maximum of two years behind bars and a $5,000 fine. But if this is your second offense, then you can face a felony, with five years in prison and a $5,000 fine. (S.C. Ann. Code § 44-53-370(d)(1).)
• Cocaine base. Possession of less than one gram of cocaine base is a misdemeanor, with up to 3 years behind bars and a $5,000 fine. If this is your second conviction, then you are facing a drug possession felony, with a maximum of 5 years in prison and a $7,500 fine. A third possession charge will net you up to 10 years in prison and a $12,500 fine.
• Fentanyl. Possession of over two grams of fentanyl is a drug possession felony. The maximum penalty is up to 5 years behind bars and a $5,000 fine. A second conviction can lead to 10 years, and a third will net you 15 years.
• Marijuana. Possession of 28 grams or less of cocaine is a misdemeanor possession charge. That would mean up to 30 days in jail and a small fine. However, additional marijuana possession charges can send you to jail for up to a year.

These are some of the most common drug charges. Reach out to an attorney to review what penalties you are facing for possession.

Collateral Consequences of a Felony Conviction

Any criminal conviction is serious, but felons will face other legal disabilities as a result of a felony conviction:

• Loss of gun rights. You cannot legally possess or receive a gun with a prior felony conviction in South Carolina. If caught, you face an additional felony charge.
• Loss of voting rights. A defendant will lose their right to vote while they are in prison or jail, or while on probation or parole. Only after completing your sentence will an offender get back their right to vote.
• Exclusion from juries. We think of jury service as an important component of being a citizen. But felons are excluded from jury service in South Carolina.
• Prohibition on holding public office. Felons are prohibited from running or holding certain state and federal offices.

To avoid these consequences, defendants should respond immediately and intelligently to the criminal charge. Contact a drug charges attorney for help.

Defending Yourself from Possession Charges

Getting caught with drugs in your backpack, pocket, or car does not mean you will automatically be convicted. It’s possible to push back and avoid the harshest penalties. Some people are even acquitted because the evidence against them is not strong enough.

The best defense depends on the unique facts of your case.

• Conditional discharge. A first-time offender might seek a conditional discharge. Essentially, you are placed on probation and given a list of obligations, such as community service. Once you complete probation, your case is dismissed, and you will not have a conviction. This might be the best disposition for some defendants.
• Drug court. This is a supervised program available for those charged with possession. A defendant undergoes drug treatment and education, as well as random testing. The program usually takes more than a year to complete, but in the end, your charges are dismissed.
• Dismissal of charges. We can challenge a felony or misdemeanor possession charge by homing in on the circumstances of the search or arrest. Sometimes the police lacked probable cause to perform a search, which means any evidence they found could be inadmissible. We can ask a judge to dismiss charges or knock out key pieces of evidence (such as the drugs).
• Plea deal. Attorney Yarborough has negotiated many plea deals to get charges reduced for his clients. For example, we might ask the state to reduce a felony to a misdemeanor. A plea deal might be the best option, depending on the strength of the evidence. At a minimum, you can face less time behind bars.

Acquittal at trial. We can usually get a favorable disposition without trial, but not always. If you have prior convictions, the state might insist on going to trial and seeking maximum penalties. That means defending you from charges. We can make various arguments to a jury, such as a lack of intent to mistaken identity.

Schedule a Consultation with a Greenville Drug Charges Lawyer

Drug charges are among the most serious in South Carolina. No one should face years behind bars for a simple error in judgment. To secure effective legal counsel, call Attorney Yarborough to schedule an initial consultation. Our firm will discuss the arrest, your criminal history, and other important circumstances regarding your case. Contact us today.