We’ve written before how drug charges in South Carolina have nothing to do with whether you actually deal drugs—it’s based on the weight of the drugs, for the most part. You can actually be charged with drug distribution or dealing if you have less than the required weight if police find equipment associated with drug dealing, like digital scales or empty baggies.
To give you an idea of the weight limits for major drug charges in South Carolina, below are some of the charges we see often, along with the specific law you get charged with violating, the weight limit it takes to get charged, and your potential sentence.
NOTE: These are for first offense charges only. For these offenses, bear in mind you might be eligible for court programs that can get your charges dismissed and wiped off your record, like conditional discharge or the Solicitor’s drug intervention program. Do you really know how to give yourself the best shot to help you qualify? As you might expect, repeat drug offenses carry even higher punishments—yet another important reason to hire an experienced criminal drug defense attorney for your first drug charge.
Marijuana
South Carolina marijuana drug crimes include:
|
Charges – Code Section |
Weight Limit |
Potential Sentence |
|---|---|---|
|
Simple possession of marijuana, Section 44-53-370 (d)(4) |
28 grams/1 ounce |
Misdemeanor, up to 30 days or $100-200 fine |
|
Possession with intent to distribute (PWID) marijuana, Section 44-53-370 (b)(2) |
More than 28 grams/1 ounce |
Felony, up to 5 years and/or up to $5,000 fine
|
|
Trafficking marijuana, Section 44-53-370 (e)(1)(a)(1) |
10 – 100 pounds |
Felony, mandatory minimum of 1 year up to 10 years and $10,000.00 fine. |
Cocaine
If you get arrested for cocaine charges in South Carolina, you might face these penalties:
|
Charges – Code Section |
Weight Limit |
Potential Sentence |
|---|---|---|
|
Possession of cocaine, Section 44-53-370 (d)(3) |
Less than 1 gram |
Misdemeanor, up to 3 years and/or up to $5,000.00 fine. |
|
Possession with intent to distribute (PWID) cocaine, Section 44-53-370 (b)(1) |
Over 1 gram |
Felony, up to 15 years and/or up to $25,000.00 fine. |
|
Trafficking cocaine, Section 44-53-370(e)(2)(a)(1) |
10-28 grams |
Felony, mandatory minimum of 3 years up to 10 years and $25,000.00 fine. |
|
Trafficking cocaine, Section 44-53-370(e)(2)(b)(1) |
28-100 grams |
Felony, mandatory minimum 7 years up to 25 years and $50,000.00 fine. |
Crack
South Carolina crack charges often get sentenced under these guidelines:
|
Charges – Code Section |
Weight Limit |
Potential Sentence |
|---|---|---|
|
Possession of crack, Section 44-53-375 (A) |
Less than 1 gram |
Misdemeanor, up to 3 years and/or up to $5,000.00 fine. |
|
Possession with intent to distribute (PWID) crack, Section 44-53-375 (B)(1) |
1 gram or more |
Felony, up to 15 years and/or $25,000.00 fine. |
|
Trafficking crack, Section 44-53-375 (C)(1)(a) |
10-28 grams |
Felony, mandatory minimum of 3 years up to 10 years and $25,000.00 fine. |
|
Trafficking crack, Section 44-53-375 (C)(2)(a) |
28-100 grams |
Felony, mandatory minimum 7 years up to 25 years and $50,000.00 fine. |
Methamphetamine
In South Carolina, you may face these punishments for violating laws against meth:
|
Charges – Code Section |
Weight Limit |
Potential Sentence |
|---|---|---|
|
Possession of meth, Section 44-53-375 (A) |
Less than 1 gram |
Misdemeanor, up to 3 years and/or up to $5,000.00 fine. |
|
Possession with intent to distribute (PWID) meth, Section 44-53-375 (B)(1) |
1 gram or more |
Felony, up to 15 years and/or $25,000.00 fine. |
|
Trafficking meth, Section 44-53-375 (C)(1)(a) |
10-28 grams |
Felony, mandatory minimum of 3 years up to 10 years and $25,000.00 fine. |
|
Trafficking meth, Section 44-53-375 (C)(2)(a) |
28-100 grams |
Felony, mandatory minimum 7 years up to 25 years and $50,000.00 fine. |
Benzodiazepines
Benzos include Alprazolam (Xanax), Clonazepam (Klonopin), Diazepam (Valium), and Lorazepam (Ativan). South Carolina punishes illegal possession of benzos:
|
Charges – Code Section |
Weight Limit |
Potential Sentence |
|---|---|---|
|
Possession of benzos, Section 44-53-370 (d)(2) |
None stated |
Misdemeanor, up to 6 months and/or $1,000.00 fine. |
|
Possession with intent to distribute (PWID) benzos, Section 44-53-370 (b)(3) |
None stated |
Misdemeanor, up to 3 years and/or $3,000.00 fine. |
Heroin
|
Charges – Code Section |
Weight Limit |
Potential Sentence |
|---|---|---|
|
Possession of heroin, Section 44-53-370 (d)(1) |
2 grains (about 2/15 grams) |
Misdemeanor, up to 2 years and/or $5,000.00 fine. |
|
Possession with intent to distribute (PWID) heroin, Section 44-53-370 (b)(1) |
Over 2 grains |
Felony, up to 15 years and/or $25,000.00 fine. |
|
Trafficking heroin, Section 44-53-370 (e)(3)(a) |
4-14 grams |
Felony, mandatory minimum of 7 years up to 25 years and $50,000.00 fine. |
|
Trafficking heroin, Section 44-53-370 (e)(3)(b) |
14-28 grams |
Felony, mandatory 25 years and $200,000.00 fine. |
Opioids
These drugs include OxyContin, oxycodone, Percocet, roxycodone, hydrocodone, Lortab, Vicodin, codeine, methadone, and fentanyl. If you’re caught with these drugs in South Carolina, you face:
|
Charges – Code Section |
Weight Limit |
Potential Sentence |
|---|---|---|
|
Possession, Section 44-53-370 (d)(2) |
None stated |
Misdemeanor, up to 6 months and/or $1,000.00 fine. |
|
Possession with intent to distribute (PWID), Section 44-53-370 (b)(3) |
None stated |
Misdemeanor, up to 3 years and/or $3,000.00 fine. |
Invest in Your Future
South Carolina police, prosecutors, and the law take drug charges extremely seriously. If you’ve been charged, so should you. Your future and freedom are on the line. Don’t be the only amateur in a courtroom full of professional police and prosecutors. Hire an experienced defense attorney to level the playing field to get you the best possible chance at winning your case, getting it dismissed, getting into a court program to wipe it off your record, or at least obtaining a plea deal with the minimum possible impact on your life.
It won’t cost you a thing to talk to us. To get your questions answered about your case in a free, no-pressure strategy session, call toll-free at 888-230-1841 or fill out a Get Help Now form.
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