Meth trafficking charges in South Carolina are complex and can seem overwhelming. The charge a person faces depends on the amount of methamphetamine involved, whether the State alleges possession, distribution, manufacturing, or trafficking, and any prior convictions. A person can also be charged if the State alleges that the person conspired or attempted to sell or deliver the drug, even if no drugs were found on that person. This page is general information, not legal advice, and a licensed South Carolina attorney at the firm must review the facts of a case before anyone relies on it.
Drug trafficking is a serious offense in South Carolina, and a conviction can bring long mandatory prison terms. If you are facing drug trafficking allegations, it is advisable to speak with a criminal defense attorney to understand your rights and your options.
Call Touma Law Group today at 864-618-2323 for a free consultation. One of our drug trafficking defense attorneys can review your charge and explain how the law applies to your case.
What is Meth?
Methamphetamine, often called “meth” or “crystal meth,” is a synthetic stimulant. It is chemically related to amphetamine, which is also the active ingredient in some prescription medications. South Carolina’s controlled substances statute defines “methamphetamine” to include any salt, isomer, or salt of an isomer, or any mixture or compound containing amphetamine or methamphetamine (S.C. Code Ann. § 44-53-110). Methamphetamine and amphetamine are both listed in Schedule II (S.C. Code Ann. § 44-53-210(d)), so possession without a valid prescription or order from a practitioner is unlawful (S.C. Code Ann. § 44-53-370(c)).
The possession, manufacture, distribution, and trafficking of methamphetamine are addressed in S.C. Code Ann. § 44-53-375. Because the statutory definition of methamphetamine is broad, how the statute applies to a particular substance, such as a prescription amphetamine mixture, is a question a lawyer must review.
Simple Possession of Meth
Under S.C. Code Ann. § 44-53-375(A), possessing less than one gram of methamphetamine is a misdemeanor for a first offense, punishable by up to 3 years in prison, a fine of up to $5,000, or both. For a first offense, the court, with the approval of the solicitor, may require the person to complete a drug treatment and rehabilitation program. A second offense is a felony punishable by up to 5 years in prison and a fine of up to $7,500, or both. A third or later offense is a felony punishable by up to 10 years in prison and a fine of up to $12,500, or both.
Trafficking Meth Charge
Possessing one gram or more of methamphetamine is prima facie evidence of a violation of S.C. Code Ann. § 44-53-375(B), which covers manufacturing, distributing, dispensing, delivering, or purchasing methamphetamine, or possessing it with the intent to do so. That is a felony. For a first offense it is punishable by up to 15 years in prison and a fine of up to $25,000, or both. For a second offense, the sentence is 5 to 30 years or a fine of up to $50,000, or both, and for a third or later offense it is 10 to 30 years or a fine of up to $50,000, or both. Prima facie evidence is not a conviction, and it can be challenged.
Trafficking in methamphetamine is a separate and more serious offense that begins at 10 grams. Under S.C. Code Ann. § 44-53-375(C), it applies to a person who knowingly sells, manufactures, delivers, purchases, or brings into the state 10 grams or more of methamphetamine, or who is knowingly in actual or constructive possession of that amount. The statute does not require proof that the person intended to sell the drug. In convictions for drug trafficking, no part of the sentence may be suspended and probation may not be granted (S.C. Code Ann. § 44-53-375(F)).
Trafficking in methamphetamine is also listed among the violent crimes in S.C. Code Ann. § 16-1-60. Because the pretrial intervention statute excludes a person charged with a crime of violence as defined there, a person charged with trafficking or manufacturing methamphetamine is generally not considered for pretrial intervention, unless the solicitor determines that the elements of the crime do not fit the charge (S.C. Code Ann. § 17-22-50).
Amount of Meth to be Considered Trafficking
In South Carolina, the trafficking threshold for methamphetamine is 10 grams. The weight is determined by the substance in pure form or in any compound or mixture of it (S.C. Code Ann. § 44-53-110; S.C. Code Ann. § 44-53-375(C)). Possession of 1 gram or more but less than 10 grams is not trafficking, but it can support a charge of possession with intent to distribute.
Penalties for Meth Trafficking Charges in South Carolina
For methamphetamine, the length of a prison sentence and the amount of the fine depend on the weight and on prior convictions (S.C. Code Ann. § 44-53-375(C)).
Learn More: How to get drug trafficking charges dismissed in South Carolina?
1st Offense Meth Trafficking Charge for Less Than 100 Grams of Meth
For a first offense involving 10 grams or more but less than 28 grams, the sentence is 3 to 10 years in prison and a fine of $25,000. For a first offense involving 28 grams or more but less than 100 grams, the sentence is 7 to 25 years in prison and a fine of $50,000.
2nd Offense Meth Trafficking Charge for Less Than 100 Grams of Meth
For a second offense involving 10 grams or more but less than 28 grams, the sentence is 5 to 30 years in prison and a fine of $50,000. For a second offense involving 28 grams or more but less than 100 grams, the sentence is 7 to 30 years in prison and a fine of $50,000.
3rd and Subsequent Meth Trafficking Charge for Less Than 100 Grams of Meth
For a third or subsequent offense involving 10 grams or more but less than 100 grams, there is a mandatory minimum of not less than 25 years and not more than 30 years in prison, and a fine of $50,000.
South Carolina Meth Trafficking Charges for 100 Grams or More of Meth
For 100 grams or more, the penalty does not depend on prior offenses. The statute provides:
- 100 grams or more but less than 200 grams: a mandatory 25-year prison term and a fine of $50,000.
- 200 grams or more but less than 400 grams: a mandatory 25-year prison term and a fine of $100,000.
- 400 grams or more: 25 to 30 years in prison, with a mandatory minimum of 25 years, and a fine of $200,000.
A person sentenced to a mandatory 25-year term is not eligible for parole, extended work release, or supervised furlough (S.C. Code Ann. § 44-53-375(F)).
Call Touma Law Group Today for a Free Consultation
If you or someone you know has been charged with a meth-related crime in South Carolina, it is important to contact a criminal defense attorney right away. At Touma Law Group, we understand the consequences of a methamphetamine trafficking charge, and our attorneys will review the evidence, the weight, and how the case was investigated. No lawyer can promise a particular outcome. Contact us today for a free consultation.
