Most people are not aware of what the different meth charges are in SC. Methamphetamine is a stimulant that South Carolina law treats as a Schedule II controlled substance (S.C. Code Ann. § 44-53-210). The statute defines methamphetamine to include any salt, isomer, or mixture containing amphetamine or methamphetamine (S.C. Code Ann. § 44-53-110).
A person who obtains a controlled substance from a practitioner under a valid prescription is not in violation of the possession statute. Possessing it without one is a crime (S.C. Code Ann. § 44-53-370(c)).
South Carolina law criminalizes the manufacture, sale, and possession of methamphetamine. It is important to understand the consequences you could face depending on the charge and how a Columbia criminal defense attorney can help you. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on the general information on this page.
Simple Possession of Meth
Possessing less than one gram of methamphetamine is a misdemeanor for a first offense. The penalty is up to three years in prison or a fine of up to $5,000, or both. For a first offense, the court may, with the solicitor’s approval, require the person to complete a drug treatment and rehabilitation program as part of the sentence (S.C. Code Ann. § 44-53-375(A)).
A second offense is a felony punishable by up to five years in prison or a fine of up to $7,500, or both. A third or subsequent offense is a felony punishable by up to ten years in prison or a fine of up to $12,500, or both (S.C. Code Ann. § 44-53-375(A)). A sentence under this subsection may be suspended and probation granted.
Simple possession of methamphetamine is a misdemeanor offense for a first offense under that subsection. If you are charged with simple possession, you could face jail time, fines, probation, or a drug treatment requirement. A person who has not previously been convicted of an offense under the state’s controlled substances article may be eligible for a conditional discharge, which allows the court to defer proceedings and, if the person meets the terms, dismiss the charge. A discharge and dismissal can occur only once for any person (S.C. Code Ann. § 44-53-450).
If you have been arrested for simple possession of methamphetamine, you should not speak to anyone about what happened unless you have legal representation. Your attorney can review the evidence and explain your options, which may include a plea agreement or a trial. At trial, the state must prove that you had the right and power to control the drugs, and that you knew about the drugs and intended to control them (State v. Stewart, Opinion No. 28029 (S.C. 2021)).
Possession With Intent to Distribute or Manufacturing
Possession of one or more grams of methamphetamine is prima facie evidence of a violation of the distribution and manufacturing subsection, so the weight of the drugs can turn a possession case into a more serious charge (S.C. Code Ann. § 44-53-375(B)). This is different from simple possession. Manufacturing, distributing, delivering, or purchasing methamphetamine, or possessing it with intent to distribute, dispense, or deliver it, is a felony, even for a first offense. The statute provides these penalties:
- 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.
If you are charged with possession with intent to manufacture or distribute, you could face a long prison sentence and a fine. A second or subsequent offense is defined in S.C. Code Ann. § 44-53-470. A drug conviction can also have immigration consequences for people who are not U.S. citizens (8 U.S.C. § 1227(a)(2)(B)).
Trafficking Meth
A person can be charged with trafficking in methamphetamine for knowingly selling, manufacturing, delivering, purchasing, or bringing into South Carolina, or for being in actual or constructive possession of, ten grams or more (S.C. Code Ann. § 44-53-375(C)). Trafficking is a felony, and the penalties depend on the weight and on prior offenses. For a first offense, the statute provides:
- 10 grams to less than 28 grams: 3 to 10 years in prison and a $25,000 fine.
- 28 grams to less than 100 grams: 7 to 25 years in prison and a $50,000 fine.
- 100 grams to less than 200 grams: a mandatory 25 years in prison and a $50,000 fine.
- 200 grams to less than 400 grams: a mandatory 25 years in prison and a $100,000 fine.
- 400 grams or more: 25 to 30 years in prison and a $200,000 fine.
No part of a trafficking sentence may be suspended and probation may not be granted. Second and third or subsequent offenses carry higher penalties. See more about meth trafficking charges.
Disposal of Meth Production Waste
South Carolina makes it a felony to knowingly cause waste from the production of methamphetamine to be disposed of, or to knowingly assist, solicit, or conspire with another person to dispose of it. A first offense is punishable by up to five years in prison or a fine of up to $5,000, or both. A second or subsequent offense is punishable by up to ten years in prison or a fine of up to $10,000, or both (S.C. Code Ann. § 44-53-376).
If the violation requires an emergency or environmental response, the person convicted must also pay restitution to the public entities involved for the reasonable cost of their response. The statute exempts people and agencies who are lawfully tasked with the proper disposal of the waste (S.C. Code Ann. § 44-53-376).
Exposing a Minor to Methamphetamine
A person who is 18 or older commits a separate offense by manufacturing methamphetamine in the presence of a minor child, or by knowingly permitting a child to be in an environment where methamphetamine is being sold, possessed with intent to sell, or manufactured, or where paraphernalia or chemicals for making it are stored. A first offense is punishable by up to five years in prison or a fine of up to $5,000, or both. A second or subsequent offense is punishable by up to ten years in prison or a fine of up to $10,000, or both (S.C. Code Ann. § 44-53-378).
A person 18 or older may also be charged with unlawful conduct toward a child if a child was present at any time during the unlawful manufacture of methamphetamine (S.C. Code Ann. § 44-53-375(G)).
If someone is in a medical emergency, call 911. If you have been charged with a meth offense, felony or misdemeanor, you can contact a Columbia drug charge lawyer at Touma Law Group to discuss your case. The firm’s attorneys can review the facts and explain the charges and your options.
