Cocaine charges are taken seriously by law enforcement and prosecutors at both the state and federal level.
Given the high fines and long jail time associated with drug offenses related to cocaine, it is essential that you take such charges very seriously from the beginning.
To make sure that your rights are fully protected, even if you were just in the wrong place at the wrong time, it’s important to have a defense lawyer in Greenville who knows the legal system, including drug charges related to cocaine cases. You can call our firm or submit a contact form to schedule a free consultation.
The Consequences of Possession of Cocaine in South Carolina
In South Carolina, possessing cocaine is the least serious cocaine-related offense. Under S.C. Code Ann. § 44-53-370(d)(3), a first offense is a misdemeanor punishable by up to 3 years in prison or 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 with up to 5 years or a fine of up to $7,500, or both. A third or later offense carries up to 10 years or a fine of up to $12,500, or both. A judge may suspend these sentences and grant probation. It should also be noted that “possession” in this context has a different meaning than what you may think of outside of the legal realm.
Actual possession entails physical control or custody of the cocaine, whether it is in your pants pocket, shirt pocket, or somewhere else on your person.
Constructive possession is harder to understand. Even if you have not physically held cocaine, you can still be charged with possessing it if prosecutors claim you knew it was there and had control over it. For example, if the drug is in the trunk of a car you are driving, charges can be brought against you whether or not the car belongs to you, particularly when you have the key to the trunk and control of the vehicle.
Even if you never actually handled the cocaine, you can be considered to have possession of it under the law, for example if it was contained in a bag. Possession charges may be brought against you regardless.
For instance, suppose someone arranges for cocaine to be delivered to them by mail, UPS, or a drop-off at their house, and they never touch the drug themselves. They can still be charged with possessing it. The statute makes it unlawful to “knowingly or intentionally” possess a controlled substance, so the State must prove beyond a reasonable doubt that you knew about the drug and possessed it.
Comparing Actual and Constructive Possession
Actual possession refers to when someone physically has drugs on them, such as in their pockets, bag, or knapsack.
When it comes to constructive possession, the State must prove two things: that you had the right and power to control the cocaine, and that you knew about it and intended to control it (State v. Stewart, Opinion No. 28029 (S.C. 2021)). Control over a place, such as a wardrobe or the console of your car, is evidence the State may point to, but it does not by itself prove possession, and mere presence is not enough.
When there is joint possession, multiple people can be in actual or assumed ownership of the same illegal drug. As an example, if narcotics are found in a vehicle, asserting that one person has them doesn’t mean the other people in the car won’t have any trouble.
What Does South Carolina Law Classify as Distribution or Possession With Intent?
In South Carolina, it is unlawful to manufacture, distribute, dispense, deliver, or purchase cocaine, or to possess it with the intent to do so, under S.C. Code Ann. § 44-53-370(a). Cocaine is a Schedule II narcotic drug, so the penalties for intent to distribute cocaine depend on whether it is a first, second, or third or later offense, under S.C. Code Ann. § 44-53-370(b)(1):
- First offense: up to 15 years in prison or a fine of up to $25,000, or both.
- Second offense: 5 to 30 years in prison or a fine of up to $50,000, or both.
- Third or subsequent offense: 10 to 30 years in prison or a fine of up to $50,000, or both.
The same penalties apply to possession with intent to distribute crack cocaine or methamphetamine under S.C. Code Ann. § 44-53-375(B).
What Methods Do Police Use to Discern Intent?
In a nutshell, this is exactly what it sounds like. If you provide or distribute the narcotic in any way, your charge could be more serious than simple possession. Likewise, even if you didn’t actually sell the drug, but prosecutors claim you intended to, you can still be charged with PWID. Distribution does not require that money change hands. Under S.C. Code Ann. § 44-53-110, “deliver” includes the actual, constructive, or attempted transfer of a controlled drug.
To make PWID charges effective, the prosecution must show that the suspect intended to sell or distribute the drugs. This is often done with circumstantial evidence, such as multiple packed bags of the drug or weighing scales that appear to be used for quantifying it, and sometimes through undercover officers or confidential informants.
Additionally, under S.C. Code Ann. § 44-53-370(d)(5), possessing more than one gram of cocaine is prima facie evidence of a violation of the distribution statute, and under S.C. Code Ann. § 44-53-375(B), possessing one gram or more of crack cocaine or methamphetamine is prima facie evidence of the same offense. Prima facie evidence is not proof of guilt, and it can be challenged. Even so, if you are found with more than a gram at once, you should be aware that prosecutors may use this provision, even if you consider yourself a casual user.
Learn More: Why You Should Get a Lawyer For Drug Charges
For a first or second PWID offense, the court may suspend the sentence and grant probation, and the person is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. For a third or subsequent offense, those options are available only if all prior offenses were simple possession. In all other cases, the sentence must not be suspended and probation may not be granted.
If someone who is 18 years old or older distributes cocaine or crack to a person under 18, they will be charged with a felony under S.C. Code Ann. § 44-53-440. If convicted, the sentence can include up to 20 years in prison, a fine of up to $30,000, or both, and the sentence may not be suspended and probation may not be granted.
Trafficking Cocaine
Trafficking cocaine charges apply when the amount is 10 grams or more of cocaine or any mixture containing cocaine. The same 10-gram threshold applies to crack cocaine and methamphetamine under S.C. Code Ann. § 44-53-375(C). Under S.C. Code Ann. § 44-53-370(e)(2), trafficking is not limited to selling. The statute covers anyone who knowingly sells, manufactures, delivers, purchases, or brings the drug into the state, or who is knowingly in actual or constructive possession of it, as well as those who aid, abet, attempt, or conspire to do so. The weight includes the drug in pure form or any compound or mixture containing it.
The penalties by weight are:
- 10 to less than 28 grams, first offense: 3 to 10 years in prison and a $25,000 fine.
- 10 to less than 28 grams, second offense: 5 to 30 years and a $50,000 fine.
- 10 to less than 28 grams, third or later offense: a mandatory minimum of 25 to 30 years and a $50,000 fine.
- 28 to less than 100 grams, first offense: 7 to 25 years and a $50,000 fine.
- 28 to less than 100 grams, second offense: 7 to 30 years and a $50,000 fine.
- 28 to less than 100 grams, third or later offense: a mandatory minimum of 25 to 30 years and a $50,000 fine.
- 100 to less than 200 grams: a mandatory 25 years and a $50,000 fine.
- 200 to less than 400 grams: a mandatory 25 years and a $100,000 fine.
- 400 grams or more: 25 to 30 years, with a mandatory minimum of 25 years, and a $200,000 fine.
For a trafficking conviction, no part of the sentence may be suspended and probation may not be granted. A person sentenced to a mandatory 25-year term, or to a mandatory minimum of 25 years, is not eligible for parole, extended work release, or supervised furlough.
Penalties depend on how much cocaine was involved and on the number of prior convictions. Under S.C. Code Ann. § 44-53-470, a trafficking conviction also counts as a prior offense in later drug prosecutions. A criminal defense attorney may be able to identify legal defenses that apply to your case.
Criminal Offenses Near Schools and Parks Have Other Charges
In addition to the ramifications of cocaine charges, you may face an additional charge if your drug offense was close to a school or park.
Under S.C. Code Ann. § 44-53-445, it is a separate criminal offense to distribute, sell, purchase, manufacture, or possess with intent to distribute a controlled substance in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.
For a conviction, the prosecutor must show that the accused knew they were within one-half mile of such a location and actually committed the offense there. Being stopped within the radius for an offense that was not committed there does not support this charge.
A violation is a felony punishable by up to 10 years in prison or a fine of up to $10,000, or both. If the violation involves only the purchase of a controlled substance, it is a misdemeanor punishable by up to one year in prison or a fine of up to $1,000, or both. This is a separate offense that can be charged along with the drug charge itself.
What Benefits Does a Criminal Defense Attorney Offer?
Touma Law Group will look over your case with a free consultation. Our drug defense attorneys in Greenville can explain the charges and your options. Call (864) 618-2323 to get started.
