Heroin is a Schedule I controlled substance in South Carolina (S.C. Code Ann. § 44-53-190(C)). Possessing it, distributing it, and trafficking in it can each lead to serious criminal charges, and the penalties depend on the charge, the amount, and any prior drug convictions.
This article gives an overview of the heroin charges the state can bring so that you can understand your situation before you make decisions. It is general information, not legal advice. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on any of it. Contact a Greenville drug lawyer at Touma Law Group.
Call us at (864) 618-2323 and receive a free case evaluation from attorney Adam Touma. Our team can speak with you about the facts of your case.
Types of Heroin Charges in SC
South Carolina’s drug offenses are found in the Controlled Substances Act, Title 44, Chapter 53 of the South Carolina Code of Laws. For heroin, the main charges are simple possession, distribution (including possession with intent to distribute), and trafficking.
Possession
It is unlawful 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)). For heroin, the penalties for simple possession are set by S.C. Code Ann. § 44-53-370(d)(1):
- First offense: a misdemeanor punishable by up to 2 years in prison, a fine of up to $5,000, or both.
- Second offense: a felony punishable by up to 5 years in prison, a fine of up to $5,000, or both.
- Third or subsequent offense: a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both.
Possession of more than two grains of heroin is treated by the statute as prima facie evidence of a violation of the distribution provision, S.C. Code Ann. § 44-53-370(d)(5). “Prima facie” means the State may rely on the quantity as evidence of intent to distribute unless it is answered at trial, which is why the amount found matters so much.
Distribution
It is unlawful to manufacture, distribute, dispense, deliver, or purchase heroin, or to possess it with the intent to do so, and attempts, conspiracy, and aiding and abetting are covered as well (S.C. Code Ann. § 44-53-370(a)(1)). Under S.C. Code Ann. § 44-53-370(b)(1), a violation involving heroin is a felony:
- First offense: up to 15 years in prison, a fine of up to $25,000, or both.
- Second offense: 5 to 30 years in prison, a fine of up to $50,000, or both.
- Third or subsequent offense: 10 to 30 years in prison, a fine of up to $50,000, or both.
A person found with heroin can face a charge of possession with intent to distribute when the circumstances suggest the drugs were meant for sale, such as the quantity, packaging, scales, or cash. A conviction history changes the range, so whether a case is a first, second, or third offense is one of the first things a lawyer will look at.
Two related statutes can add to the exposure. A person 18 or older who distributes heroin to someone under 18 faces a felony punishable by up to 20 years in prison and a fine of up to $30,000, with no suspended sentence or probation (S.C. Code Ann. § 44-53-440). Distributing, selling, or possessing with intent to distribute within a one-half mile radius of a school, public playground or park, or college is a separate felony punishable by a fine of up to $10,000, up to 10 years in prison, or both (S.C. Code Ann. § 44-53-445).
Trafficking
Trafficking is based mostly on weight. Under S.C. Code Ann. § 44-53-370(e)(3), a person who knowingly sells, manufactures, delivers, purchases, or brings into South Carolina, or who is knowingly in actual or constructive possession of, four grams or more of heroin or any mixture containing it is guilty of a felony known as “trafficking in illegal drugs.” The weight counts the heroin together with any compound or mixture it is in. The mandatory penalties are:
- 4 grams or more, but less than 14 grams: for a first offense, 7 to 25 years in prison and a $50,000 fine. For a second or subsequent offense, a mandatory minimum of 25 years and a $100,000 fine.
- 14 grams or more, but less than 28 grams: a mandatory 25 years in prison and a $200,000 fine.
- 28 grams or more: 25 to 40 years in prison and a $200,000 fine.
For these tiers the statute says no part of the sentence may be suspended and probation may not be granted. Trafficking does not require anyone to cross a state line. If you have been charged with trafficking, contact a Greenville drug trafficking lawyer as soon as possible.
FAQ: When should you get a lawyer for drug charges in Greenville, South Carolina?
South Carolina Drug Schedules One Through Five
South Carolina sorts controlled substances into five schedules. The General Assembly lists the substances in each schedule, and the Department of Public Health (formerly the Department of Health and Environmental Control) can add, remove, or reschedule substances under S.C. Code Ann. § 44-53-160. The schedule a drug falls in affects the penalty, so it is worth checking the current list on the Department of Public Health controlled substance schedule page.
- Schedule I (S.C. Code Ann. § 44-53-180 and § 44-53-190): substances with a high potential for abuse, no accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. The list includes heroin and LSD.
- Schedule II (S.C. Code Ann. § 44-53-210): substances with a high potential for abuse that have an accepted medical use, sometimes with severe restrictions. The list includes opium and opiates, cocaine, and amphetamine.
- Schedule III (S.C. Code Ann. § 44-53-230), Schedule IV (§ 44-53-250), and Schedule V (§ 44-53-270): substances with progressively lower potential for abuse relative to the schedule before them and an accepted medical use.
What Are the Penalties for Drug Crimes in South Carolina?
The penalties depend on the charge, the substance, and the number of prior convictions. For heroin, the ranges above come directly from S.C. Code Ann. § 44-53-370: simple possession is a misdemeanor on a first offense, distribution is a felony with a maximum of 15 years on a first offense, and trafficking carries mandatory prison terms that begin at 7 years for a first offense. For some lower-level offenses the statute allows a sentence to be suspended and probation to be granted, and for the trafficking tiers it does not.
FAQ: How can I get my drug charges dropped in Greenville, SC?
A conviction can also affect a person outside the courtroom, including employment and housing. A lawyer can explain how a particular charge could affect you. For a general discussion of lower-level offenses, see our page on misdemeanor drug possession.
Other Drug Offenses in SC
Other drug offenses besides possession, distribution, and trafficking can arise in a heroin case:
- Prescription fraud: it is unlawful to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. This is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both (S.C. Code Ann. § 44-53-390).
- Manufacturing: manufacturing a controlled substance is covered by the same distribution statute, S.C. Code Ann. § 44-53-370(a)(1).
- Drug paraphernalia: it is unlawful to advertise for sale, manufacture, possess, sell, or deliver paraphernalia. A violation is subject to a civil fine of up to $500 (S.C. Code Ann. § 44-53-391).
- Distribution to minors and near schools: see the statutes described above, § 44-53-440 and § 44-53-445.
Talk With a Drug Crimes Defense Attorney in Greenville, SC
Being charged with a drug-related offense in South Carolina does not mean you will be convicted. The State must prove each element of the charge. If you have been charged with a drug crime, it is important to speak with a criminal defense lawyer who knows the state’s laws and can walk you through the process.
At Touma Law Group, our Greenville drug crimes defense attorneys will review the facts of your case and explain your legal options. No lawyer can promise a particular outcome. Contact us today for a free consultation.
