A drug possession charge in the Upstate usually starts with a stop, a search, or a tip. The Tenth Circuit Solicitor’s Office then decides how the case is charged and prosecuted.
At Touma Law Group, we handle drug possession charges for clients in Anderson County and Oconee County, from a simple possession charge to felony possession with intent to distribute. Attorney Jarrett Roman leads our Anderson office, and his attorney profile notes prior work as an Assistant Solicitor with the 10th Circuit. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on the general information in this article.
This article walks through how South Carolina defines drug possession, what the state has to prove, and the penalty ranges the statute provides.
The First Step for 10th Circuit Prosecutors
Before a prosecutor can move a drug possession case forward, the state has to show two things: that the substance is a controlled substance under South Carolina drug laws, and that the person charged knowingly or intentionally possessed it (S.C. Code Ann. § 44-53-370(c)). The possession can be actual or constructive.
That second part is where a lot of cases either hold together or come apart. Actual possession means the drugs were found on the person’s body, in a pocket, or in a hand. Constructive possession means the drugs were found somewhere the person had access to and control over, like a glove compartment, a shared apartment, or the back seat of a car with more than one passenger. The South Carolina Supreme Court has held that the state must prove two things: that the person had the right and power to control the drugs, and that the person knew about the drugs and intended to control them (State v. Stewart, Opinion No. 28029 (S.C. 2021)). Constructive possession cases depend heavily on the specific facts.
Simple possession, possession with intent to distribute (PWID), and drug trafficking are three different charges with different elements and different penalties, and mixing them up changes the entire conversation about a case.
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Differentiating Drug Crimes
South Carolina’s controlled substance laws are in Section 44-53-370 of the state code, and methamphetamine has its own penalty provisions in Section 44-53-375. Take a look at three different charges in SC below.
Simple Possession
Simple possession covers possessing a controlled substance without legal authorization, with no intent to sell or hand it off to someone else.
Possession With the Intent to Distribute
PWID charges accuse someone of possessing drugs with the intent to distribute, dispense, or deliver them. For substances in Schedules I, II, and III, PWID is a felony with harsher penalties than simple possession. For substances in Schedules IV and V, a first offense is a misdemeanor, and later offenses carry higher penalties (S.C. Code Ann. § 44-53-370(b)). The statute treats possession above certain amounts, such as more than one gram of cocaine or more than 28 grams (one ounce) of marijuana, as prima facie evidence of a violation, even without observed sales (S.C. Code Ann. § 44-53-370(d)(5)). Prosecutors may also point to other supplies, such as baggies.
Drug Trafficking
Trafficking sits above both. Once the quantity crosses a statutory threshold, a possession charge can become a trafficking charge, and trafficking carries mandatory minimum terms that increase with the weight involved (S.C. Code Ann. § 44-53-370(e) and § 44-53-375(C)).
The schedule of the illegal drug involved (Schedule I, Schedule II, and so on) also affects how a possession charge is classified and what penalties apply. Possessing prescription medication without a valid prescription can also be charged as possession of a controlled substance.
Specific Penalties for a Possession Conviction in Anderson and Oconee County
Penalties vary by substance, quantity, and prior record, and the numbers below are general statutory ranges rather than a prediction for any specific case.
- Cocaine: A first possession offense is a misdemeanor punishable by up to three years in prison or a fine of up to $5,000, or both. A second offense is a felony punishable by up to five years, and a third or subsequent offense by up to ten years (S.C. Code Ann. § 44-53-370(d)(3)).
- Heroin or another Schedule I or Schedule II narcotic: A first offense is a misdemeanor punishable by up to two years in prison or a fine of up to $5,000, or both. A second offense is a felony punishable by up to five years (S.C. Code Ann. § 44-53-370(d)(1)).
- Marijuana (28 grams, or one ounce, or less): A first offense is a misdemeanor punishable by up to 30 days in jail or a fine of $100 to $200. A second offense is punishable by up to one year or a fine of $200 to $1,000, or both (S.C. Code Ann. § 44-53-370(d)(5)).
- Methamphetamine (less than one gram): A first offense is a misdemeanor punishable by up to three years in prison or a fine of up to $5,000, or both (S.C. Code Ann. § 44-53-375(A)).
PWID penalties are higher. For a first offense involving a Schedule I or II narcotic or LSD, the maximum is 15 years in prison or a fine of up to $25,000. For other Schedule I, II, or III drugs, the first-offense maximum is five years or $5,000 (S.C. Code Ann. § 44-53-370(b)). Methamphetamine PWID is punishable by up to 15 years or $25,000 for a first offense (S.C. Code Ann. § 44-53-375(B)). Trafficking penalties are higher still and include mandatory minimum terms that depend on the substance and the weight.
A conviction can also have consequences beyond the sentence, including a criminal record that can appear on background checks and possible complications for anyone who holds a professional license.
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The Role of Search and Seizure in these cases
In Anderson and Oconee County, a drug case can begin with a traffic stop, a home search, or a tip that leads to a warrant. The Fourth Amendment protects against unreasonable searches and seizures (U.S. Const. amend. IV). Evidence obtained through an unlawful search can be challenged. A defense attorney can review the validity of the stop, whether there was probable cause, whether a warrant was properly issued, and how the drug evidence was handled and tested.
None of this means every search was illegal or every case has a clean defense. It means the search itself is often as important to review as the drugs that were found.
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What Prosecutors Look at When Deciding How to Charge a Case
The charge depends on the specific facts: the substance, the quantity, whether packaging materials like ziplock bags or scales were present, the person’s criminal record, and whether anyone else was involved. As noted above, the statute treats possession above certain amounts as prima facie evidence of intent to distribute, and packaging and quantity can push a case from simple possession toward a PWID charge, even when the person charged says the drugs were for personal use.
What to Do After You’ve Been Arrested or Charged
The choices someone makes in the days right after an arrest can affect the entire case.
- Do not discuss the details of the arrest with police, on social media, or with anyone besides an attorney.
- Write down what happened while it is fresh: where the stop occurred, what was said, and who else was present.
- Keep any court paperwork, citations, or bond documents in one place.
- Contact an Anderson criminal defense attorney for legal representation before a first court date, not after.
- Ask an attorney early whether options such as conditional discharge or pretrial intervention may apply to your charge.
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Touma Law Group’s Customized Defense Strategies
Attorney Jarrett Roman leads the firm’s Anderson office. His attorney profile notes prior work as an Assistant Solicitor with the 10th Circuit.
We look at a possession charge the way the state will look at it, then build a defense around what we find. A charge is not a conviction, and the specific facts of a stop, a search, and a person’s record all shape what comes next. Get a free case review with Touma Law Group’s Anderson office by calling (864) 777-8062. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on general information.
Some first-time charges may qualify for a conditional discharge, which allows the court to defer proceedings and, if the terms are completed, dismiss the charge. A person can then apply to expunge the records, and a discharge and dismissal can occur only once (S.C. Code Ann. § 44-53-450). Pretrial intervention is another option, and the solicitor reviews eligibility under the statute’s standards (S.C. Code Ann. § 17-22-60). Eligibility depends on the specific charge and the person’s record, so these options are not available in every case.
Certain convictions can trigger a separate review by a licensing board, depending on the charge and the license. Speak with an attorney about how a specific charge could affect a professional license.
Avoid discussing the case with anyone besides an attorney, keep all paperwork related to the arrest, and contact a criminal defense attorney before the first court date so that the defense strategy and any available options can be reviewed early.
