What Are the Penalties for Drug Crimes in South Carolina?

Drug crimes can carry harsh consequences in South Carolina, even for seemingly minor offenses. Sadly, it isn’t uncommon for good people to end up behind bars for simply having marijuana or other drug on their person.

Whether you were in the wrong place at the wrong time or simply made an honest mistake, being charged with any drug offense can be daunting and carry many uncertainties. How are drug offenses punishable under state and federal law?

Keep reading to learn more about the penalties for drug crimes in South Carolina.

Types of Drug Offenses in SC

Drug crimes carry severe penalties in South Carolina, making it crucial to understand the legal consequences one may face if charged with such offenses. There are various types of drug offenses that offenders can be charged with. Common drug crimes include:

Drug Trafficking

Drug trafficking involves the transportation, distribution, or sale of illegal substances. Codified in South Carolina Code §44-53-370(e), drug trafficking is considered a serious criminal offense, particularly when large quantities of drugs are involved.

Although penalties will vary based on the drug type, amount, and the presence of enhancing factors (such as prior drug convictions), penalties for drug trafficking can generally be broken down into the following categories:

Marijuana Trafficking

Offenders caught trafficking 10 to 100 lbs of marijuana are guilty of a felony punishable by:

• First-Time Offenders: 1-10 years in prison without parole and up to $10,000 in fines
• Second-Time Offenders: 5-20 years in prison without suspension and up to $15,000 in fines
• Third or Subsequent Offenses: A minimum of 25 years in prison without probation and up to $25,000 in fines.

Offenders caught trafficking 100 to 2,000 lbs of marijuana are subject to a mandatory 25-year prison sentence without parole and up to $25,000 in fines if convicted.

Offenders caught trafficking between 2,000 to 10,000 lbs of marijuana are subject to a mandatory 25-year prison sentence without parole and up to $50,000 in fines.

Offenders caught trafficking more than 10,000 lbs of marijuana are subject to 25-30 years in prison without suspension and up to $200,000 in fines.

Cocaine Trafficking

Those charged with cocaine trafficking (10 to 28 grams) are subject to felony charges that carry the following penalties:

• First-time offenders are subject to 3-10 years in prison without parole and up to $25,000 in fines;
• Second-time offenders are subject to 5-30 years in prison without suspension and up to $50,000 in fines; and
• For third and subsequent offenses, offenders are subject to 25-30 years in prison without parole and up to $50,000 in fines.

Trafficking offenses entailing 28 to 100 grams of cocaine are felonies punishable by:

• 7-25 years in prison and up to $50,000 in fines for first-time offenders;
• 7-30 years in prison and up to $50,000 in fines for second-time offenders; and
• 25-30 years in prison and up to $50,000 in fines for third and subsequent offenses.

Those caught trafficking 100-200 grams of cocaine can face up to 25 years in prison and $50,000 in fines. For 200-400 grams, penalties are enhanced to a 25-year prison sentence and up to $100,000 in fines. Finally, offenders charged with trafficking more than 400 grams of cocaine are subject to 25-30 years in prison and up to $200,000 in fines.

Crack Trafficking

Offenders charged with crack trafficking can face severe penalties in South Carolina, as crack is one of the most serious illicit substances to be caught with. Depending on the offender’s criminal background, penalties can include prison sentences as high as 25-30 years—but even first-time offenders can face a staggering 25 years in prison, making it all the more important to consult with a trusted attorney as soon as possible after being charged with crack trafficking.

Drug Sales

Drug sales refer to the exchange of illegal substances for money or other goods. This offense encompasses both street-level drug transactions and more organized operations. Penalties vary based on the drug type and amount.

Marijuana distribution is punishable by 5-20 years in prison and up to $20,000 in fines, while cocaine distribution is punishable by15-30 years in prison and up to $50,000 in fines.

Drug Manufacturing

Drug manufacturing involves the production or cultivation of illegal drugs, such as methamphetamine or marijuana. Under South Carolina Code §44-53-375(B), manufacturing methamphetamines, cocaine, or other controlled substance is a felony punishable by:

• Up to 15 years in prison and/or $25,000 in fines for first-time offenders;
• 5-30 years in prison and/or up to $50,000 in fines for second-time offenders; and
• 10-30 years and/or up to $50,000 in fines for third and subsequent offenses.

Drug Possession

Drug possession refers to having illegal substances for personal use. Drug possession charges can vary depending on the type and quantity of drugs involved, and penalties can be broken down as follows:

• Possession of Marijuana – Possessing any amount of marijuana is illegal in South Carolina. Those caught carrying under 1 ounce of cannabis (“simple possession of marijuana") are guilty of a misdemeanor punishable by up to 30 days in jail and up to $200 in fines. Offenders caught carrying more than 1 gram of marijuana are subject to felony charges carrying up to 5 years in prison and up to $5,000 in fines.
• Possession of Cocaine – Under §44-53-375(A), possession of less than 1 gram of methamphetamine or cocaine base is a misdemeanor for first-time offenders and a felony for second or subsequent offenses. This drug crime is punishable by 3-10 years in prison and up to $5,000 to $12,500 in fines.

Fierce Advocacy for the Accused in Lexington

At the Law Office of James R. Snell, Jr., LLC, we take pride in delivering strong and strategic representation to clients in Lexington and beyond. Our dedicated South Carolina advocates have extensive experience defending the accused in a variety of criminal cases, from DUI charges to computer crimes. Regardless of the criminal charges against you, our firm will take every step necessary to defend your rights and restore your freedom.

Don’t throw away the rest of your life by failing to seek dependable representation. Reach out to our fierce criminal defense lawyers today to learn how we can fortify your claims and negotiate effectively on your behalf to drop or reduce the charges against you in Lexington criminal courts.

Being accused of a crime can be terrifying. Securing a strong defense is nonnegotiable to avoid life-altering consequences. Call (803) 359-3301 to request a consultation with our skilled Lexington criminal defense attorney.