Facing a drug trafficking charge in South Carolina can be a confusing and scary time. Many people think drug trafficking charges only apply to large-scale, international organized crime operations. But here in South Carolina, the law is different. In fact, you can be charged with drug trafficking without ever crossing a state line or even intending to sell drugs. This is because South Carolina drug laws classify trafficking based on the quantity of a controlled substance you possess.
If you or a loved one is facing these serious drug charges, it’s crucial to understand your situation. To learn more about how a Columbia Drug Trafficking Lawyer can help, please contact Touma Law Group for a free consultation.
What Quantity of Drugs is Considered Trafficking?
In South Carolina, drug charges depend on weight. The law sets clear thresholds to decide whether an offense is simple possession, possession with intent to distribute (PWID), or trafficking. If the drugs you’re caught with meet or exceed these amounts, you can face trafficking charges even without paraphernalia, cash, or other signs of distribution.
Marijuana
Trafficking marijuana is a serious felony. According to South Carolina Code Section 44-53-375, possession of 10 pounds or more of marijuana constitutes trafficking.
Cocaine and Crack Cocaine
The threshold is 10 grams or more. Because of their addictive nature, penalties for cocaine trafficking are especially severe.
Heroin
With a threshold of just 4 grams, heroin is one of the strictest. This low amount reflects its extreme danger and high risk of abuse.
Methamphetamine
Like cocaine, 10 grams or more can bring trafficking charges. Convictions often carry mandatory minimum prison sentences.
Other Controlled Substances
South Carolina law also sets thresholds for other drugs, including:
- LSD: 100 dosage units
- GHB: 50 milliliters
- Methaqualone: 15 grams
Even prescription medications, like Oxycodone, can lead to trafficking charges if possessed in large amounts without a valid prescription.
Learn More: What Makes a Drug Charge a Felony in South Carolina?
What’s the Difference Between Possession and Trafficking?
Understanding the difference between simple possession, possession with intent to distribute (PWID), and drug trafficking is key.
- Simple Possession: This is for smaller, personal-use amounts. It is often a misdemeanor offense, but it can still result in fines and jail time.
- Possession with Intent to Distribute (PWID): This is for amounts that are larger than simple possession but less than the trafficking threshold. In this case, law enforcement will look for other clues to show you intended to sell the drugs, such as drug paraphernalia like scales and packaging materials, or even large amounts of cash.
- Drug Trafficking: This is the most serious drug offense under South Carolina law. It is a felony and is determined by the drug weight alone. There’s no need for a prosecutor to prove you intended to sell or transport the drugs. The amount itself is the proof. A drug defense attorney will explain to you that you can also be charged with trafficking based on constructive possession. This means you didn’t have the drugs directly on you, but had control over them, such as in your car or home.
Learn More: What to do if charged with drug trafficking charges in Columbia?
Potential Penalties for Drug Trafficking in Columbia, South Carolina
A drug trafficking conviction in South Carolina carries some of the most severe penalties. These punishments are designed to be a strong deterrent and often include mandatory minimum sentences. This means a judge cannot reduce the prison time below a certain number of years, no matter what.
Jail Time
The length of a prison sentence for drug trafficking depends on the type of drug, the amount, and whether you have any prior drug crimes on your record. The sentences are very long, and many convictions are “no parole” offenses, which means you will serve almost all of your sentence.
- Marijuana:
- 10-100 pounds: First offense can lead to a mandatory minimum sentence of 1 to 10 years in prison. A third offense carries a mandatory prison sentence of 25 years.
- Cocaine/Crack Cocaine:
- 10-28 grams: A first offense has a mandatory minimum of 3 to 10 years.
- Over 400 grams: This can lead to a mandatory minimum prison sentence of 25 to 30 years.
- Heroin:
- 4-14 grams: A first offense can mean 7 to 25 years.
- Over 28 grams: A conviction can result in a mandatory minimum sentence of 25 to 40 years.
Fines and Fees
In addition to jail time, a drug trafficking conviction comes with significant financial penalties. Fines can range from tens of thousands of dollars to as much as $200,000 for some offenses. These fines are meant to hurt those involved in large-scale drug operations.
Collateral Consequences
Beyond the immediate penalties of prison and fines, a drug trafficking conviction can have long-lasting collateral consequences. A felony record can make it harder to find a job, secure housing, or get a loan. You may also lose certain civil rights, such as the right to vote or own a firearm. For students, a drug offense can affect eligibility for Federal Student Aid. And if your case is prosecuted as a federal crime, the impact can be even more severe, with stricter penalties and lifelong consequences.
Your Defense Matters
If you’re under investigation for drug trafficking or already facing charges, time is critical. Law enforcement, whether local, state, or federal, will be building a case against you from the start.
That’s where a skilled criminal defense lawyer comes in. The right attorney can:
- Step in early to protect your rights
- Challenge the evidence against you
- Question how the controlled substances were found or handled
- Work to reduce or even dismiss the drug trafficking charge
A strong defense strategy looks at every detail of your case from the traffic stop to the search warrant. An experienced lawyer may argue that:
- The substances were improperly weighed
- You never had constructive possession
- Your constitutional rights were violated
Drug trafficking cases are complex and often handled in the General Sessions Court. That’s why you need a lawyer who knows the system and can fight aggressively on your behalf.
Speak to a Skilled Columbia Drug Defense Lawyer Today
Drug trafficking charges in Columbia, SC, are some of the most serious offenses you can face, with penalties that affect not only your freedom but also your future opportunities and reputation. From lengthy mandatory prison sentences to life-altering collateral consequences, the stakes couldn’t be higher. However, being charged does not mean you are guilty; there are defenses available, and the outcome of your case can be very different if you use the right legal strategy.
At Touma Law Group, we know how overwhelming this situation can feel, and we are here to fight for you every step of the way. Our team understands South Carolina drug laws inside and out, and we will work tirelessly to challenge the evidence against you, protect your rights, and pursue the best possible resolution for your case.
Don’t wait until it’s too late, your defense begins now. If you or someone you love has been charged with drug trafficking in Columbia, reach out to Touma Law Group today for a free, confidential consultation.
