Most people don’t understand the severity of possessing prescription drugs without a prescription until they’re arrested and charged with a criminal offense. For many, it’s their first contact with the criminal justice system. At Touma Law Group, in Greenville, South Carolina, our criminal defense attorneys are here to help.
The legal consequences of a drug arrest can be serious: a possible jail term, fines, and a criminal record. A drug conviction can impact your life negatively, including employment and the ability to get a professional license. You could miss out on opportunities just because you have a drug conviction on your public criminal record. To protect your legal rights and your future, you should consult a skilled Greenville defense attorney immediately. To schedule a no-cost initial consultation, contact our Greenville law offices today at 864-618-2323.
Protecting Your Rights And Your Future
Our illegal drugs attorneys understand how the criminal justice system in South Carolina handles prescription drug cases. As your defense lawyer, we can review the evidence, discuss your options with the prosecutor, and explain the possible consequences you face. We’re prepared to handle cases involving all types of prescription drugs, including:
- OxyContin
- Xanax XR (alprazolam)
- Fentanyl (Duragesic)
- Percocet (oxycodone)
- Vicodin (hydrocodone and acetaminophen)
- Ambien (zolpidem)
- Adderall (amphetamine and dextroamphetamine)
- Phenobarbital
- Ativan (lorazepam)
- Fentora (fentanyl citrate)
- Valium (diazepam)
- Soma (carisoprodol)
- Promethazine/codeine syrup
Each dangerous drug case is unique and might involve issues such as addiction, medication abuse, fake prescriptions, and prescription fraud. As your defense attorneys, we’ll build a defense based on the facts of your case, your background, and whether law enforcement agencies acted properly in the search and drug seizure.
What are the Criminal Penalties for Possession of Prescription Drugs in South Carolina?
Under S.C. Code Ann. § 44-53-370(c), it’s against the law in South Carolina 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. The penalties in S.C. Code Ann. § 44-53-370(d) depend on the drug’s schedule and whether it is a first, second, or third or later offense. The Department of Public Health keeps the current list of controlled substance schedules.
Possessing a Schedule I or II narcotic drug or lysergic acid diethylamide (LSD) is a misdemeanor for a first offense. For example, fentanyl is a Schedule II narcotic drug. Criminal penalties for a first offense include a fine of up to $5,000, up to two years of imprisonment, or both. A second offense is a felony with a fine of up to $5,000, up to five years of imprisonment, or both. Third and subsequent offenses carry a fine of up to $10,000, up to five years of imprisonment, or both.
Possessing any other controlled substance in Schedules I through V, excluding cocaine, is a misdemeanor possession offense. For example, the amphetamine in Adderall is a Schedule II stimulant, but it is not a narcotic drug under South Carolina law. Criminal penalties for a first offense include a fine of up to $1,000, up to six months of imprisonment, or both. Second or subsequent offenses carry a fine of up to $2,000, up to one year of imprisonment, or both.
Possessing cocaine is a misdemeanor for a first offense, with a fine of up to $5,000, up to three years of imprisonment, or both. A second offense is a felony drug offense, with a fine of up to $7,500, up to five years of imprisonment, or both. Third and subsequent offenses carry a fine of up to $12,500, up to ten years of imprisonment, or both. For possession offenses, the court may suspend the sentence and grant probation.
Do You Need a Valid Prescription to Possess These Drugs in South Carolina?
Yes. Under S.C. Code Ann. § 44-53-370(c), possession is lawful when the substance was obtained directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice. The statute does not say that a medication must stay in its original container. Even so, if you are carrying prescription medication outside its original labeled container and are stopped by law enforcement, it can be harder to show quickly that the drug was prescribed to you, and you may be arrested while the question is sorted out. If you can show proof of a valid prescription, that is directly relevant to whether the charge can be proven. The criminal defense attorneys at Touma Law Group can review your prescription records and the circumstances of your case with you.
A guilty plea or conviction for a prescription drug charge can affect your life significantly. Besides the possible jail time and probation, you might have a public criminal record. Some first-offense options, described below, may lead to a dismissal or to expungement of the record. We commit ourselves to explaining your options and defending your rights.
Learn More: Do I Need a Lawyer For Drug Charges?
How Can a Simple Possession Charge Be Dismissed in SC?
In Greenville, South Carolina, there are several reasons why a drug charge might be dismissed or reduced. Some of them have to do with the conduct of the law enforcement agencies and officials who made the arrest, or the legality of the evidence in your prescription drug case. No lawyer can promise a result. Here are some of the reasons a simple possession charge in South Carolina might be dismissed:
- Valid Prescription. Possession is not unlawful under S.C. Code Ann. § 44-53-370(c) when the drug was obtained directly from, or under a valid prescription or order of, a practitioner. Records showing a valid prescription can be important evidence.
- Insufficient Evidence. If the prosecution can’t fulfill its burden of proof, because it does not produce enough evidence against you, a simple possession charge could be dismissed. Thus, it’s essential to hire an experienced attorney, even when you don’t think the charges against you are severe. An experienced Greenville criminal defense lawyer can help argue that the prosecution didn’t have sufficient evidence to satisfy their burden to prove guilt beyond a reasonable doubt.
- Prosecutorial Discretion. Sometimes, the state or local prosecutor’s office will determine that your simple possession case in South Carolina isn’t worth pursuing, or circumstances change and cause them to reconsider the charges against you.
- Entrapment. Entrapment is a defense in which a person argues that a government agent pushed them into a crime they were not otherwise inclined to commit. If it can be shown that a law enforcement officer went above and beyond to supply you with a dangerous drug, this defense may be raised.
- Conditional Discharge or Pretrial Intervention. Under S.C. Code Ann. § 44-53-450, a person who has not previously been convicted of an offense under that article, or of a state or federal marijuana, stimulant, depressant, or hallucinogenic drug offense, and who pleads guilty to or is found guilty of simple possession may, with the person’s consent, have proceedings deferred and be placed on probation. If the person completes the terms, the court dismisses the proceedings without an adjudication of guilt, and the person may apply to expunge the records. This can happen only once, and a fee applies. Pretrial intervention under S.C. Code Ann. § 17-22-150 can also lead to a noncriminal disposition of the charge.
Get Legal Help from a Greenville Prescription Drug Charge Attorney
At Touma Law Group, our legal team will analyze the facts of your case and build a defense strategy that is customized to your particular circumstances and goals. We are committed to offering compassionate legal representation to anyone facing prescription drug charges in Greenville and throughout South Carolina. Contact our drug charge lawyers in Greenville now to discuss your case in a free and confidential consultation.
