Adderall is a brand name for a prescription medication made of amphetamine salts. In South Carolina, amphetamine is a Schedule II controlled substance (S.C. Code Ann. § 44-53-210(d)), and it is unlawful to possess it 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)).
Charges and penalties for prescription drug offenses in South Carolina depend on the circumstances: whether the person was only in possession, whether the State alleges an intent to sell, and whether there are prior convictions. 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.
Call Touma Law Group at (803) 879-4499 to speak with our Columbia drug defense lawyers about your legal options.
Is Adderall a Scheduled Drug in SC?
Yes. S.C. Code Ann. § 44-53-210(d) places in Schedule II any material, compound, mixture, or preparation that contains any quantity of amphetamine, its salts, optical isomers, and salts of its optical isomers. Adderall contains amphetamine, so it is treated as a Schedule II substance. Schedule II substances are those the State finds to have a high potential for abuse and an accepted medical use, sometimes with severe restrictions.
Possession without a valid prescription is a crime, and the penalties depend on whether the charge is possession, intent to distribute, or another offense, and on prior convictions. The sections below describe each one.
Crimes Associated With Adderall
Adderall is a prescription medication used to treat attention-deficit hyperactivity disorder (ADHD). It can be helpful for people who have been diagnosed with ADHD, but possessing it without a valid prescription is illegal. These prescription drug charges include:
- Possession of Adderall without a prescription. Under S.C. Code Ann. § 44-53-370(d)(2), simple possession of a Schedule II substance such as amphetamine is a misdemeanor punishable by up to 6 months in prison, a fine of up to $1,000, or both. For a second or subsequent offense, it is a misdemeanor punishable by up to 1 year in prison, a fine of up to $2,000, or both. The statute does not set a weight threshold that changes a possession charge into a felony.
- Possession with intent to distribute, and distribution. It is unlawful to manufacture, distribute, dispense, deliver, or purchase a controlled substance, or to possess it with the intent to do so (S.C. Code Ann. § 44-53-370(a)(1)). For a Schedule II substance that is not a narcotic drug, such as amphetamine, S.C. Code Ann. § 44-53-370(b)(2) makes it a felony. A first offense is punishable by up to 5 years in prison, a fine of up to $5,000, or both. A second offense is punishable by up to 10 years and $10,000. A third or subsequent offense is punishable by 5 to 20 years and a fine of up to $20,000.
- Obtaining Adderall by fraud or a forged prescription. 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).
The trafficking statute, S.C. Code Ann. § 44-53-370(e), lists specific substances and weight thresholds, such as heroin, cocaine, and LSD. Amphetamine is not one of the substances listed there. The separate methamphetamine statute, S.C. Code Ann. § 44-53-375, covers methamphetamine and cocaine base, but the Code defines “methamphetamine” to include any mixture or compound containing amphetamine (S.C. Code Ann. § 44-53-110(28)), and the trafficking provision in § 44-53-375(C) refers to amphetamine in § 44-53-210(d)(1). That language can bring a case involving amphetamine pills under § 44-53-375, which has different penalties from the ones described above. How it applies to prescription amphetamine is a question for a lawyer, and how a particular charge is framed depends on the facts, so a lawyer should review the warrant or indictment.
Two related statutes can add to the exposure. A person 18 or older who distributes a controlled substance to someone under 18 faces up to 10 years in prison, a fine of up to $10,000, or both, for a non-narcotic Schedule I through V substance, which the statute labels a misdemeanor (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).
Caught Without My Adderall Prescription
If you are caught with Adderall and you do not have a valid prescription, the likely charge is simple possession under S.C. Code Ann. § 44-53-370(c) and (d)(2), described above. The statute allows the court to suspend the sentence and grant probation for these offenses. For general information about lower-level drug offenses, see our page on misdemeanor drug possession.
If you have been charged with a drug crime involving Adderall, speak with a criminal defense lawyer as soon as possible. Contact Touma Law Group for more information about your case.
Adderall Prescription in a Bottle
Adderall is a prescription medication used to treat ADHD. The exception in the possession statute applies to a substance obtained directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice. A valid prescription can therefore be central to a defense, and a lawyer can look at whether the pills were obtained that way and whether there is a record of the prescription.
Prescription Outside the Bottle
The statute does not mention the original container. What it asks is whether the substance was obtained directly from, or under a valid prescription or order of, a practitioner. Whether pills found outside their original bottle were obtained under a valid prescription is a question of fact, and a lawyer can review the prescription records if you were charged.
Caught With Someone Else’s Adderall Prescription
Holding pills that were prescribed to another person raises a different question than holding your own prescription. The possession statute’s exception applies to a substance obtained directly from, or under a valid prescription or order of, a practitioner, and how that language applies to pills prescribed to someone else depends on the facts. If the State alleges that the person intended to sell or give the pills away, the charge can become possession with intent to distribute or distribution, which are felonies under S.C. Code Ann. § 44-53-370(b)(2). A lawyer can review the evidence about quantity, packaging, and any communications.
What Are the Penalties for Illegal Possession of Adderall in South Carolina?
The penalties come from S.C. Code Ann. § 44-53-370:
- Simple possession without a valid prescription: a misdemeanor, up to 6 months and $1,000 on a first offense, and up to 1 year and $2,000 on a second or later offense.
- Possession with intent to distribute or distribution: a felony, up to 5 years and $5,000 on a first offense, up to 10 years and $10,000 on a second offense, and 5 to 20 years and up to $20,000 on a third or later offense.
- Acquiring Adderall by fraud or forgery: a felony, up to 5 years and $10,000 (S.C. Code Ann. § 44-53-390).
A conviction can also affect a person outside the courtroom, including employment and housing. Our felony drug charge lawyers can review a felony charge with you, and if you have questions about your situation you can ask us for a free consultation.
Talk With a Drug Crime Lawyer
If you are facing drug charges for unlawful possession of Adderall in South Carolina, it is important to get legal help. Possession of Adderall with a fake prescription is a serious charge and can lead to significant penalties.
At Touma Law Group, our attorneys defend clients charged with drug crimes. Our team will review the facts of your simple or constructive possession case and explain your options. No lawyer can promise a particular outcome. Contact us at (803) 879-4499 to schedule a consultation.
