Serving Understanding SC Drug Laws and Penalties
In 2022, South Carolina experienced 2,279 drug overdose fatalities. Given the threat that illicit drug use is having on our nation, lawmakers are currently enforcing stricter penalties in hopes of mitigating the issue. Given the surge in trafficking cases, including methamphetamine and fentanyl, recent legislation punishes those who sell drugs, resulting in another person’s death.
If you are under investigation for a drug-related offense, taking immediate action is key to protecting your rights. In this blog, our Conway drug crime attorney discusses the penalties if you are convicted of a drug crime and how to handle illegally seized evidence.
Simple Possession
Under South Carolina law, it is illegal to have on your person or in your custody any illicit substance. An illicit substance is any drug that does not have a valid doctor’s prescription. Marijuana possession, of any amount, is illegal under state law. The severity of your punishment will be based on the quantity in your possession, the drug’s potential for abuse, and if you have a past criminal history. For example, having less than one gram of methamphetamine, even as a first-time offender, can lead to a maximum of three years in prison and/or a potential fine of $5,000.
Possession with Intent to Distribute
If you have a certain quantity of drugs in your actual (direct physical control) or constructive possession (found the substance is near enough to you to be considered under your potential control), you can expect to be charged with possession with intent to distribute (PWID). Law enforcement will assume that the large amount in your possession is meant for more than just personal use. However, the State will need to present evidence that you intended to sell or distribute the drugs. In a PWID charge, this often includes witness statements, evidence of drug paraphernalia, or drug packaging.
Drug Trafficking
Drug trafficking is the illegal trade of a controlled substance. Quantities over a certain threshold will trigger a drug trafficking charge. The trafficking statutes in South Carolina are extremely broad and a person can be convicted of the crime without ever having even touched the drug. With the recent uptick in trafficking cases, both the federal and state governments are taking aggressive measures against perpetrators. Drug trafficking may be charged at the state or federal level. Federal charges will be imposed for transactions that span over state or international borders if large quantities are involved or if the offense is connected to other federal crimes.
Under South Carolina law, a drug trafficking charge will apply for the following quantities of these controlled substances:
- Marijuana: Ten pounds
- Cocaine or cocaine mixture: Ten grams
- Heroin: Four grams
- Fentanyl or fentanyl-related substance: Four grams
- Ecstasy or MDMA (also known as “Molly”): One hundred tablets, capsules, dosage units, or the equivalent quantity
Fentanyl-Induced Homicide Act
Fentanyl is a powerful opioid that is used in surgical procedures to help patients with chronic pain. It is highly potent, with a two-milligram dose being considered lethal. Given its addictive nature, ease of production, and the potential to make a large profit, fentanyl trafficking has increased by 255.7% since 2020.
As of this past May, any person who deals fentanyl to another person, causing that person’s death, will be charged with fentanyl-induced homicide in South Carolina. Known as The Fentanyl-Induced Homicide Act, it institutes a potential 30-year sentence for those convicted. Claiming negligent use or consent is not a recognized defense under this law.
Conway Drug Charges and Fourth Amendment Violations
Crafting a strong defense can reduce your charges or potentially cause your case to be dismissed. Although evidence in most drug-related cases will be obtained legally, there are situations in which the police may violate your rights. Under the Fourth Amendment, law enforcement must obtain a warrant to search any place in which you have a “reasonable expectation of privacy.” The police cannot pull you over for speeding and then proceed to search your vehicle without probable cause. However, with the police wanting to get to the evidence by any means feasible, violations do happen.
In representing defendants charged with drug-related offenses, our SC drug crime lawyer will conduct an independent investigation. Part of this investigation assesses the source of each piece of evidence. If your home was searched without the police presenting a warrant and against your consent, this evidence will need to be excluded from trial. It is important that you bring any potential Fourth Amendment violations to our office’s attention.
Contact a Conway Drug Crime Attorney Today
Illicit substances are becoming a growing concern in our country, causing law enforcement and the State to methodically investigate any allegations. Knowing what steps to take following a drug charge can be difficult, making you feel hopeless. While the charges against you may be serious, there is still a chance to escape a conviction.
If you or a loved one have been accused of a drug-related offense, do not hesitate to contact The Law Offices of Brad L. Richardson, LLC, today. To arrange your free consultation with our Conway drug crime lawyer, contact us online or give us a call at (843) 488-4321 today.