South Carolina law makes it a crime to knowingly or intentionally possess a controlled substance unless it was obtained directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice (S.C. Code Ann. § 44-53-370(c)). Marijuana is not legal in South Carolina, and the penalties for possession depend on the drug, the amount, and whether there are earlier convictions. This page is general information, not legal advice.
If you are facing simple possession charges for a controlled substance in South Carolina, contacting a Greenville simple possession lawyer should be an early step. At Touma Law Group, we represent people charged with drug offenses, and an attorney at the firm will review the facts of your case.
Criminal Convictions for Illegal Possession
The possible consequences of a simple possession conviction in South Carolina depend on the drug. The following are the maximum penalties the statute sets for first and later offenses, plus court costs and assessments (S.C. Code Ann. § 44-53-370(d) and § 44-53-375(A)):
- Possession of marijuana (28 grams or one ounce or less):
- First offense: up to 30 days in jail, or a fine of $100 to $200
- Second or later offense: up to 1 year in jail, or a fine of $200 to $1,000, or both
- Possession of cocaine (one gram or less):
- First offense: up to 3 years in jail, or a fine of up to $5,000, or both
- Second offense: a felony, up to 5 years, or a fine of up to $7,500, or both
- Possession of heroin (two grains or less):
- First offense: up to 2 years in jail, or a fine of up to $5,000, or both
- Second offense: a felony, up to 5 years, or a fine of up to $5,000, or both
- Possession of methamphetamine (less than 1 gram):
- First offense: up to 3 years in jail, or a fine of up to $5,000, or both
- Second offense: a felony, up to 5 years, or a fine of up to $7,500, or both
- Possession of MDMA (15 tablets or fewer):
- First offense: up to 6 months in jail, or a fine of up to $1,000, or both
- Second offense: up to 1 year in jail, or a fine of up to $2,000, or both
- Possession of LSD (50 micrograms or less):
- First offense: up to 2 years in jail, or a fine of up to $5,000, or both
- Second offense: a felony, up to 5 years, or a fine of up to $5,000, or both
Whether a later charge counts as a second or later offense depends on the earlier convictions and when they happened. For marijuana, a conviction for a first possession violation within the previous five years makes the next offense a second offense, and for other drugs the look-back for a first violation is ten years (S.C. Code Ann. § 44-53-470). Under the statute, a second possession offense is a felony for cocaine, heroin, methamphetamine, and LSD, but it remains a misdemeanor for marijuana and MDMA. For some drugs, third and later offenses carry higher maximums, and a felony drug charge carries added consequences. Ask an attorney how your prior record applies.
Learn More: Why You Should get a Lawyer for Drug Charges in SC
Other Drugs You can be Charged With Possession for Having
The list above does not contain every possession charge. Possession of any other controlled substance in Schedules I through V is a misdemeanor punishable by up to six months in jail or a fine of up to $1,000, or both, on a first offense, and up to one year or a fine of up to $2,000, or both, on a second or later offense (S.C. Code Ann. § 44-53-370(d)(2)). Drug types can range from fully illegal substances such as “magic mushrooms” to controlled substances like Adderall or Xanax. Being in possession of prescription drugs without a valid prescription is illegal.
The Smallest Details can Make Huge Differences in Your Case
The difference between possession and possession with intent to distribute can come down to the amount. For example, possessing more than 28 grams of marijuana, more than one gram of cocaine, or more than 15 tablets of MDMA is prima facie evidence of a violation of the distribution statute (S.C. Code Ann. § 44-53-370(d)(5)). That presumption can be challenged. Drug distribution and trafficking both carry much larger sentences than simple possession. Prosecutors may also point to other circumstances, such as scales or small bags, as evidence of intent to distribute, even when the amount is small.
If you are facing possession with intent charges, you should seek legal advice immediately. Possession with intent to distribute a controlled substance is a felony (S.C. Code Ann. § 44-53-370(b)), and the penalties depend on the drug and any earlier convictions. A criminal defense attorney can review the evidence, the lab results, and the way the evidence was gathered. No lawyer can promise that a charge will be lowered or dismissed.
Call Our Greenville Simple Possession Lawyers Today
No matter the types of drug charges you are facing in South Carolina, we want to help you understand your options. A drug offense does not have to be the end of the line, and a guilty plea is not the only option in every case. Our firm believes that everyone makes mistakes.
At Touma Law Group we take every client and every case seriously. Call a drug attorney in Greenville at 864-618-2323 to schedule a free consultation and learn about your options.
