Serving Are Drug Crimes Felonies?
All drug charges are serious charges, and while not all drug crimes are felonies in the State of South Carolina, many are. Additionally, convictions for most drug charges in South Carolina can result in the loss of certain Constitutional Rights, such as the right to own and possess firearms. Better understanding the charge against you is key to better protecting your rights. One of the most important first steps that anyone facing a drug charge can take is consulting with an experienced Myrtle Beach drug crime attorney early in the process.
Drug Classifications
Whether the drug charge is a misdemeanor, or a felony generally depends on the drug classification – or schedule – and the amount of the drug involved. The drug schedules in South Carolina range from I – at the most serious end – to IV at the lesser end of things. Consider the following:
- **Schedule I – **Schedule I drugs have no accepted medical use but have a very high potential for abuse and dependence, and examples include heroin, peyote, marijuana, and LSD.
- **Schedule II – **Schedule II drugs have a high potential for abuse and dependence, but some also have accepted medical uses. Examples include methadone, Adderall, Ritalin, methamphetamine, and cocaine.
- **Schedule III – **Schedule III drugs have a moderate to low potential for abuse and dependence, and examples include ketamine, testosterone, and codeine.
- **Schedule IV – **Schedule IV drugs have a low potential for abuse and dependence and include examples like Xanax and Valium.
- **Schedule V – **Schedule V drugs have an even lower potential for abuse and dependence and consist mainly of specific preparations of certain narcotics, including Lyrica and Motofen.
Possession Based Charges
First Offenses
Drug charges are mainly based on weight or number of pills or doses. First offenses for mere possession charges that involve small amounts of most drugs – that indicate personal use – are generally charged as high court or General Sessions misdemeanors. For example:
- A first offense involving a Schedule I or II drug is generally a misdemeanor that carries up to 2 to 3 years behind bars and up to $5,000 in fines.
- A second offense of the same kind, however, is a felony that carries up to 5 years in prison and fines of up to $5,000.
- A third offense can result in substantial exposure to prison and extremely high fines
Marijuana
Although marijuana is classified as a Schedule I drug, it’s treated differently. A first offense for possession of less than an ounce is a misdemeanor that carries fines of from $100 to $200 and the potential of up to 30 days in jail. A second offense remains a misdemeanor, but the fines and penalties increase and can be charged as a high court or General Sessions charge. When the amount of marijuana exceeds the ounce mark, however, the charge might be elevated to a felony, and the legal consequences reflect this fact.
Once drugs reach a certain threshold of weight, doses or pill count, a person can be charged with Possession with the Intent to Distribute or even Trafficking in Drugs. These charges are felonies and could result in exposure to a substantial prison sentences, sometimes with mandatory minimum sentences and severe fines.
Speak with an Experienced Myrtle Beach Drug Crime Attorney Today
The capable Myrtle Beach drug crime attorneys at The Law Office of Brad C. Richardson have a long and impressive history of skillfully defending the rights of clients facing challenging drug charges and obtaining advantageous resolutions in the process. To learn more about how we can also help you, please don’t put off contacting us online or calling us at 843-488-4321 today.