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(843) 306-4144 (843) 306-4144 Drug possession is a serious criminal offense that can lead to jail time or serious fines. The maximum penalties for drug possession depend on factors such as the type and amount of narcotics found.
If you were charged with illegally possessing narcotics in the state, you should speak with a Charleston County drug lawyer before you talk to the police. An experienced criminal defense attorney can help protect your civil rights and prepare the best possible defense.
The potential penalties a defendant could face for drug possession depend on the drug’s category. State law categorizes narcotics into five different schedules.
Schedule I substances are drugs that have a high potential for abuse and no accepted medical or safe use even under supervision, according to S.C. Code § 44-53-180. These are listed in S.C. Code § 44-53-190, and include drugs such as marijuana, LSD, heroin, and ecstasy.
Schedule II narcotics have a high potential for abuse and are accepted for use in medical treatment but can lead to severe psychic or physical dependence, according to S.C. Code § 44-53-200. Schedule II drugs include substances such as cocaine, Adderall, fentanyl, amphetamines, and methamphetamine, as listed in S.C. Code § 44-53-210.
Schedule III drugs have less potential for abuse compared to Schedules I and II and an accepted use in medical treatment. Abuse can lead to moderate or low physical dependence or high psychological dependence, according to S.C. Code § 44-53-220. Schedule III narcotics include substances such as anabolic steroids and gamma hydroxybutyric acid (GHB).
Schedule IV and V drugs have a relatively lower potential for abuse and an accepted medical use, with abuse leading to limited physical or psychological dependence, according to S.C. Code § 44-53-240 and S.C. Code § 44-53-260.
According to S.C. Code § 44-53-250, Schedule IV includes drugs such as alprazolam (Xanax) or diazepam. Schedule V narcotics include compounds or mixtures such as codeine cough syrups, under S.C. Code § 44-53-270.
When someone is arrested in possession of a controlled substance, the crime they are charged with will depend on factors such as the type of narcotics found and the defendant’s criminal history.
Schedule I drugs generally carry harsher penalties compared to Schedule V drugs, but not all drugs are penalized the same way, even when listed on the same schedule.
For example, a person found in possession of 28 grams or less of marijuana is guilty of a misdemeanor offense. The crime is punishable by up to 30 days imprisonment and fine from $100 to $200. The penalties are more severe for a repeat marijuana possession offense. The crime is still a misdemeanor but punishable by up to one year in prison and a fine from $200 to $1,000.
Possession of LSD, another Schedule I drug, is a felony offense with convictions imposing a maximum prison term of up to 15 years and a fine of up to $25,000. A conviction for a second offense imposes a prison term of five to 30 years and a fine of up to $50,000. A third subsequent conviction is punishable by a 10 to 30 years and an up to $50,0000 fine.
A drug lawyer in Charleston County could argue for lower fines or shorter prison terms.
S.C. Code § 44-53-370 generally makes it illegal to purchase, distribute, deliver, or possess with intent to distribute a controlled substance. However, a defendant could get charged with the more serious crime of drug trafficking if they possess above a certain amount of a drug.
For example, if a defendant is found with 10 to 100 pounds of marijuana, the crime is a felony with a maximum one- to 10-year prison term and a fine up to $10,000 for a first offense. A second offense could increase the penalties to five to 20 years and an up to $15,000 fine.
If a defendant possesses more than 10,000 pounds of marijuana, the crime is punishable by a mandatory minimum of 25 years and a fine up to $200,000. The amount necessary for trafficking charges varies by drug type. A drug attorney in Charleston could ask that trafficking charges be reduced or argue that the defendant’s crime does not fit the requirements of trafficking.
There are several potential defenses to drug possession charges. Hiring a Charleston County drug lawyer before answering questions from police can help you avoid serious jail time.
Our team uses an in-depth, hands-on approach to help win your case. Do not face criminal court alone. Contact us today to speak with one of our skilled and knowledgeable members as soon as possible.