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Drug trafficking charges are not limited to just distributing or selling illegal substances; possessing large quantities of drugs can also be classified as trafficking.
Here, we discuss what drug trafficking is, the requirements for a trafficking charge in South Carolina, and the penalties for a conviction. We also explore the different types of drug trafficking charges in South Carolina, including trafficking in marijuana, cocaine, methamphetamine, heroin, and MDMA.
Additionally, we will discuss how to fight drug trafficking charges with the help of experienced defense attorneys. If you or a loved one are dealing with a trafficking charge you can call us today at 864-618-2323 to schedule a free consultation and discuss your case with a Greenville drug charge lawyer.
What Is Trafficking?
Drug trafficking is the manufacturing, distributing, or selling of illegal substances, including marijuana, cocaine, methamphetamine, heroin, and MDMA. Trafficking charges can also arise from possession with intent to distribute, even if the drugs were not actually distributed or sold.
For example, if an individual has large quantities of drugs in their possession, law enforcement may assume that the individual was planning to distribute or sell the drugs.
It should generally be noted that in South Carolina, drug trafficking charges can range from misdemeanor offenses to felony charges, depending on the type and quantity of drugs involved.
According to the National Center for Drug Abuse Statistics, around 1.16 million people in the United States are arrested for drug-related crimes each year. This goes to establish the fact that drug trafficking and possession is a serious matter in South Carolina.
What Are the Requirements for a Trafficking Charge in SC?
The requirements for a drug trafficking charge in South Carolina depend on the type of drug in question. Each drug has a specific threshold weight that must be met before a trafficking charge can be filed. For example, trafficking in marijuana requires possession of ten or more pounds of marijuana.
Trafficking in cocaine, on the other hand, requires possession of ten or more grams of crack cocaine or 28 or more grams of powder cocaine.
Required Thresholds and Penalties for Trafficking in SC
The penalties for drug trafficking in South Carolina vary depending on the type of drug and the quantity involved. Also, if you're a first-time offender, subsequent offense, or have a previous conviction, the penalties may be different. The following are the required thresholds and penalties for trafficking in some of the most common illegal substances in South Carolina:
Marijuana
Possession of ten or more pounds of marijuana carries a mandatory minimum sentence of one year and a maximum sentence of ten years, as well as fines ranging from $10,000 to $200,000.
Cocaine
Possession of ten or more grams of cocaine base or 28 or more grams of powder cocaine carries a mandatory minimum sentence of three years and a maximum sentence of 30 years, as well as fines ranging from $25,000 to $200,000.
Methamphetamine
Possession of ten or more grams of methamphetamine carries a mandatory minimum sentence of three years and a maximum sentence of 30 years, as well as fines ranging from $5,000 to $200,000.
Heroin
Possession of four or more grams of heroin carries a mandatory minimum sentence of three years and a maximum sentence of 30 years, as well as fines ranging from $50,000 to $200,000.
MDMA
Possession of ten or more grams of MDMA (ecstasy/molly) carries a mandatory minimum sentence of three years and a maximum sentence of 30 years, as well as fines ranging from $25,000 to $200,000.
Penalties for a Drug Charge Conviction
The penalties for drug trafficking in South Carolina are severe and can result in lengthy jail sentences, substantial fines, and other harsh consequences. The severity of the penalties will depend on the type and quantity of the drug in question. In general, the penalties for drug trafficking in South Carolina are as follows:
- Possession with intent to distribute: Criminal penalties for possession with intent can range from a few years in jail to up to 30 years in prison, depending on the drug weight and type.
- Constructive possession: Even if the drugs were not found on your person, if they were found in your vehicle or your home, you could be charged with trafficking.
- Mandatory minimum sentences: There are mandatory minimum sentences for some drug offenses in South Carolina, which means that judges cannot reduce the sentence below a certain level. For example, for trafficking 28 grams or more of cocaine as a first-time offender, there is a mandatory minimum sentence of 7 years in prison.
- Federal drug trafficking charges: If the offense is serious or involves large quantities of drugs, it may be charged at the federal level. Federal drug trafficking laws typically carry harsher penalties than state laws.
Related Content: Why You Should Get a Lawyer for a Drug Charge
In addition, a drug trafficking conviction can have a lasting impact on a person's life, including difficulty finding employment, housing, and educational opportunities. For instance, if you have been convicted of a drug crime, you may not be eligible for certain types of federal aid, such as student loans or grants.
Types of Drug Trafficking Charges in SC
There are various types of drug trafficking charges in South Carolina. Dependent on the type and quantity of drugs involved, an individual can face a variety of charges. The most common types of drug trafficking charges in South Carolina are as follows:
Marijuana
The classification of marijuana in South Carolina is based on the weight of the substance. Possession of one ounce or less of marijuana is considered a misdemeanor and carries jail time and a fine. Possession of more than one ounce, but less than 10 pounds, is a felony and carries a maximum of five years in prison and a $5,000 fine. For quantities greater than 10 pounds, the penalties increase significantly.
Cocaine
Trafficking cocaine is also classified based on the weight of the substance. Possession of less than one gram of cocaine is considered a misdemeanor and carries a maximum of three years in prison and a $5,000 fine. Possession of more than one gram, but less than 10 grams, is a felony and carries a maximum of 10 years in prison and a $10,000 fine. For quantities greater than 400 grams, the penalties increase significantly.
Crack Cocaine
Possession of any amount of crack cocaine is a felony offense in South Carolina. The penalties for crack cocaine offenses are typically more severe than those for powder cocaine offenses. Moreover, the required threshold weight for a trafficking charge is lower for crack cocaine than powder cocaine.
Methamphetamine
The penalties for trafficking methamphetamine depend on the quantity of the substance. Possession of 28 grams or more of methamphetamine carries a mandatory minimum sentence and a fine.
Heroin
Possession of any amount of heroin is a felony offense in South Carolina. The penalties for heroin offenses are typically more severe than those for other types of drugs. Possession of 28 grams or more of heroin carries a mandatory minimum sentence of 25 years in prison and a $200,000 fine.
MDMA
Possession of any amount of MDMA (Ecstasy/Molly) is a felony offense in South Carolina. The penalties for MDMA offenses are typically less severe than those for other types of drugs. Possession of 100 or more MDMA pills carries a mandatory minimum sentence of three years in prison and a fine.
Fight Your Drug Charges With Touma Law Group!
Drug charges are serious and can have a major impact on your life. A conviction for drug trafficking can result in long jail sentences, hefty fines, and other harsh consequences. As such, it should not be taken lightly.
If you or a loved one is facing charges in South Carolina, it's crucial to work with an experienced drug trafficking attorney. The consequences of a drug conviction can be severe, and you need an attorney who can help you navigate the legal system and fight for the best possible outcome.
At Touma Law Group, our criminal defense lawyers have extensive experience in defending clients against drug trafficking charges. We understand that everyone is innocent until proven guilty, and we will work hard to ensure that your rights are protected. Contact us today for a free consultation!