In South Carolina, any drug charges have very harsh potential sentences. There is no leniency for first offenders or for substances like marijuana. It does not matter that you have just a few ounces or a few pills for personal use – if you are caught in possession of controlled substances, you will be charged and may face steep fines and decades in prison. For this reason, you should consult with an experienced Greenville criminal defense attorney as soon as you are allowed to make a phone call.
Let us discuss the various types of drug charges and the potential outcomes if you are convicted. Our state defines these charges both by the purpose of owning controlled substances and by the type and quantity of drug.
Drug Possession
The charge of drug possession refers to owning controlled substances for personal use. The penalties depend on the quantity and type of drugs, as follows:
- marijuana – less than one ounce of cannabis is classified as simple possession of marijuana and is punishable by up to 30 days in jail and up to $200 fine; possession of more than 1 gram of marijuana is a felony charge, with penalties of up to 5 years in prison and up to $5,000 fines.
- Cocaine – according to South Carolina law, the charge of possession is for less than 1 gram of methamphetamine and cocaine. First time offenders are charged with misdemeanor, while second time and subsequent offenders are charged with felony, punishable by 3 to 10 years in prison and between $5,000 and $12,000 fine.
Drug Manufacturing
This type of drug charge covers both the act of growing or cultivating illegal drugs and the various processes for producing them. In this situation, the sentences are increasingly harsher for each subsequent offense:
- The first offense is punished by up to 15 years in prison, $25,000 fine or both.
- The second offense is punishable by minimum 5 and maximum 30 years in prison, $50,000 fine or both.
- The third and subsequent offenses are punishable by minimum 10 and maximum 30 years in prison, $50,000 fine or both.
Drug Sales
The legal concept of drug sales refers to any exchange of controlled substances for money, goods or services. The charge applies at all levels, from selling drugs on the street or at a party to complex operations involving groups of people.
Even selling a few pills of prescription painkillers or sleeping pills to a friend could lead to a drug charge and you will need a skilled Greenville criminal defense lawyer to protect your rights.
If convicted, the penalties are:
- 5.20 years in prison and up to $20,000 fine for marijuana sale
- 15-30 years in prison and up to $50,000 fine for cocaine sale.
Drug Trafficking
Drug trafficking is a very serious offense, especially when it involves large quantities of controlled substances. The charge includes the actions of:
- Transportation
- Distribution
- Sale
Let us analyze the potential penalties for the most commonly trafficked substances:
Marijuana
Marijuana trafficking involving quantities between 10 and 100 pounds is punished depending on how many similar offenses you have on the record:
- First time offenders will get 1 to 10 years in prison without parole and up to $10,000 fine.
- Second time offenders – between 5 and 20 years in prison without parole and up to $25,000 fine.
- Third and subsequent offenders – minimum 25 years in prison without parole and up to $25,000 fine.
For larger quantities, there is no difference in sentencing for first time or subsequent offenders. The penalties start from mandatory 25 years in prison and up to $25,000 fine for trafficking up to 2,000 pounds of marijuana and 25-30 years in prison and up to $200,000 fine for trafficking more than 10,000 pounds.
Cocaine
Just like in the case of marijuana, penalties for cocaine trafficking are tiered based on quantity. For quantities between 10 and 28 grams, the penalties range from 3 to 10 years in prison and $25,000 for first time offenders to 25-30 years in prison and up to $50,000 fine for third and subsequent offenders.
The penalties for trafficking larger quantities are:
- 28 to 100 grams: ranging from 7-25 years in prison and $50,000 for first time offenders and 25-30 years in prison and $50,000 for third and subsequent offenders.
- 100 to 200 grams: up to 25 years in prison and $50,000 fines.
- 200 to 400 grams: 25 years in prison and $100,000 fines.
- Over 400 grams: 25-30 years in prison and $200,000 fines.
Crack
Since crack is considered one of the most addictive and dangerous drugs, there are no tiers in sentencing based on quantity or the number of offenses. Even first-time offenders can face minimum 25 and maximum 30 years in prison.
Facing Drug Charges? Consult with a Skilled Greenville Criminal Defense Lawyer!
Any drug charge has the potential to send you behind bars for decades if you are found guilty. Thus, you cannot downplay any kind of drug crime charge, even simple possession.
Instead, discuss your case with an experienced Greenville criminal defense lawyer and start fighting for your freedom.
As a new client, you benefit from a free evaluation, so call us today: 864-777-4615!
