A felony drug conviction in South Carolina can affect your life for years. Some drug offenses carry mandatory minimum sentences, which limit what a judge can do after a conviction.
If you are facing serious drug charges in South Carolina, understanding the state’s drug laws is important. A felony drug defense lawyer can explain the charge you face and your legal options. A licensed South Carolina attorney at Touma Law Group must review the facts of your case before you rely on general information like this page.
For offenses that carry a mandatory minimum, a judge has limited discretion: the sentence cannot be suspended and probation cannot be granted for the mandatory portion (S.C. Code Ann. § 44-53-370(e)). The most serious of these offenses, drug trafficking, can carry long prison terms, and without legal representation the consequences can be life-altering.
The Landscape of Drug Offenses in South Carolina
South Carolina’s controlled substance laws are in the South Carolina Code of Laws, Title 44, Chapter 53. The state keeps its own schedules and must conform them to federal changes (S.C. Code Ann. § 44-53-160(C)).
The schedules place substances in five categories, Schedule I through Schedule V, based on their potential for abuse and accepted medical use.
- Schedule I drugs are considered to have a high potential for abuse and no accepted medical use. Examples include heroin, LSD, and marijuana (S.C. Code Ann. § 44-53-190).
- Schedule II drugs also have a high potential for abuse but have an accepted medical use. Examples include cocaine, crack (cocaine base), methamphetamine, and fentanyl (S.C. Code Ann. § 44-53-210).
- Schedule III, Schedule IV, and Schedule V drugs have progressively lower potentials for abuse and recognized medical uses.
The penalties and the mandatory minimum prison sentences depend on the drug, the quantity, and whether there is evidence of intent to distribute.
Related: Learn how Touma Law Group can help in your criminal defense
Understanding Mandatory Minimum Sentences
A mandatory minimum means that, upon conviction, the court must impose at least the stated sentence, and part of it cannot be suspended. In South Carolina’s drug laws these mandatory terms apply mainly to trafficking offenses, which are based on the weight of the substance, and to second and later offenses for some distribution charges. For example, a second offense of distribution or possession with intent to distribute a Schedule I or II narcotic drug or LSD carries not less than five years (S.C. Code Ann. § 44-53-370(b)(1)).
Mandatory minimums can have harsh effects, including for people with no prior record or people who are dealing with addiction. A first offense of possession with intent to distribute does not carry a mandatory minimum in the statute. Trafficking is different. It is a separate offense that begins at set weights, and possession with intent to distribute is a lesser included offense of trafficking based on possession (S.C. Code Ann. § 44-53-370(e)). The weight includes the substance in pure form or any compound or mixture of it (S.C. Code Ann. § 44-53-392).
Here are examples of the trafficking penalties for a first offense in South Carolina. The statute lists higher penalties for second and later offenses and for larger amounts.
Cocaine, Crack Cocaine, and Methamphetamine
The same weight tiers apply to cocaine, to cocaine base (crack), and to methamphetamine (S.C. Code Ann. §§ 44-53-370(e)(2) and 44-53-375(C)).
- 10 grams or more but less than 28 grams: first offense, 3 to 10 years and a $25,000 fine. Second offense, 5 to 30 years. Third or later offense, a minimum of 25 years and up to 30 years.
- 28 grams or more but less than 100 grams: first offense, 7 to 25 years and a $50,000 fine. Second offense, 7 to 30 years. Third or later offense, a minimum of 25 years and up to 30 years.
- 100 grams or more but less than 200 grams: a mandatory 25 years and a $50,000 fine.
- 200 grams or more but less than 400 grams: a mandatory 25 years and a $100,000 fine.
- 400 grams or more: a mandatory minimum of 25 years, up to 30 years, and a $200,000 fine.
Heroin
Trafficking in heroin and other opium or morphine drugs begins at four grams (S.C. Code Ann. § 44-53-370(e)(3)).
- 4 grams or more but less than 14 grams: first offense, 7 to 25 years and a $50,000 fine. Second or later offense, a mandatory minimum of 25 years.
- 14 grams or more but less than 28 grams: a mandatory 25 years and a $200,000 fine.
- 28 grams or more: a mandatory term of 25 to 40 years and a $200,000 fine.
Marijuana
Trafficking in marijuana begins at ten pounds (S.C. Code Ann. § 44-53-370(e)(1)).
- 10 pounds or more but less than 100 pounds: first offense, 1 to 10 years and a $10,000 fine. Second offense, 5 to 20 years. Third or later offense, a mandatory 25 years.
- 100 pounds or more but less than 2,000 pounds: a mandatory 25 years and a $25,000 fine. Higher weights carry higher fines, and the statute sets a term of 25 to 30 years at 10,000 pounds or more.
These examples show that a drug offense can carry a long mandatory term depending on the drug and the weight, and why it matters to have a lawyer review the charge.
Beyond Drug Possession: Intent and Trafficking
A drug charge is not only about simple possession. South Carolina law distinguishes between simple possession, possession with intent to distribute (PWID), and drug trafficking.
Even if you are found with a small amount of a controlled substance, other factors may be used to argue that you intended to sell or distribute it. Prosecutors may point to paraphernalia, large amounts of cash, or how the drug is packaged. The statute also treats possession above certain amounts, such as more than one gram of cocaine, two grains of heroin, or 28 grams of marijuana, as prima facie evidence of a violation of the distribution provision (S.C. Code Ann. § 44-53-370(d)(5)). A charge of possession with intent to distribute is a felony for most Schedule I, II, and III drugs.
Constructive possession is another area where people can be charged even if the drugs are not found directly on their person. If drugs are found in a car you are driving or a home you share, for example, you may still face a serious charge. The State still has to prove that you knew about the drugs and had control of them, so merely being near drugs is not enough.
The Role of a Felony Drug Defense Lawyer
When you face felony drug charges with mandatory minimums, the stakes are high. A criminal defense lawyer who is familiar with the legal process can help in several ways:
- Reviewing the Evidence: A drug crimes lawyer can review how evidence was obtained, including search warrants, the legality of the stop, whether Miranda warnings were given when required, and the chain of custody for lab results. If evidence was collected illegally by federal agents or local law enforcement, a court may be asked to suppress it.
- Plea Discussions: Mandatory minimums limit judicial discretion, but an attorney can discuss the case with prosecutors. In some cases a plea to a lesser charge that does not carry a mandatory minimum may be possible, but no lawyer can promise it.
- Sentencing Rules: An attorney can explain the sentencing provisions that apply to the charge, including which parts of a sentence may and may not be suspended, and the limits on parole and other release programs.
- Diversion Programs: For some first-time possession charges, South Carolina law allows conditional discharge, in which the court defers proceedings and dismisses the charge when the terms are completed (S.C. Code Ann. § 44-53-450). Each circuit also runs a pretrial intervention program (S.C. Code Ann. §§ 17-22-30 and 17-22-150), and the courts list Adult Drug Court programs in many counties. Conditional discharge is limited by statute to certain possession charges, and eligibility for pretrial intervention and drug court depends on the charge, the person’s record, and each program’s rules. An attorney can assess eligibility.
- Federal vs. State Charges: Drug offenses can sometimes be prosecuted at both the state and federal levels. Federal law sets its own mandatory minimums for certain quantities (21 U.S.C. § 841(b)). If you face a federal prosecution, you need a lawyer who can appear in the U.S. District Court.
Contact: Book your Free Consultation by calling (864) 618-2323.
Why Legal Representation Matters
South Carolina’s drug laws and the rules on mandatory minimum sentences are complex. The effects of a felony drug conviction go beyond prison time and can reach employment, housing, and firearm rights, including under federal law (18 U.S.C. § 922(g)(1)).
For more information on drug laws and legal resources, you can consult the South Carolina Bar Association.
If you or a loved one is facing drug charges in South Carolina, state or federal, reach out to Touma Law Group to speak with a licensed South Carolina attorney at the firm about your options.
