Drug Crimes Defense in South Carolina | The Lovely Law Firm

Drug Crimes Defense in South Carolina

Being charged with drug crimes carry severe penalties including jail time, high fines, and loss of employment among others. This detailed chart below can generally explain the consequences of a drug conviction. Often these fines will actually be higher as the Court costs are added depending on the County the drug charge occurred.

Drug Possession Charges in South Carolina

All possession charges are in General Sessions Court except for Simple Possession of Marijuana 1st which is handled in Magistrate Court or Municipal Court depending on the jurisdiction of the arrest. The South Carolina Drug laws are summarized in this table.

Drug Fines* Jail Time
Poss. Marijuana 1st (under one oz.) $100-$200 0-30 days
Poss. Marijuana 2nd (under one oz.) $200-$1,000 0-1 year
Poss. Cocaine 1st $0-$5,000 0-3 years
Poss. Cocaine 2nd $0-$7500 0-5 years
Poss. Cocaine 3rd $0-$12,500 0-10 years
Poss. LSD/Heroin 1st $0-$5,000 0-2 years
Poss. LSD/ Heroin 2nd $0-$5,000 0-5 years
Poss. LSD/ Heroin 3rd $0-$5,000 0-10 years
Poss. Crack/ Crank/ Meth 1st $0-$5,000 0-3 years
Poss. Crack/ Crank/ Meth 2nd $0-$7,500 0-5 years
Poss. Crack/ Crank/ Meth 3rd $0-$12,500 0-10 years
Poss. Marijuana (over 1 oz) 1st $0-$1,000 0-6 mos.
Poss. Marijuana (over 1 oz) 2nd $0-$2,000 0-1 year
Poss. Other (Schedule I-V) 1st $0-$1,000 0-6 mos.
Poss. Other (Schedule I-V) 2nd $0-$2,000 0-1 year

Possession with Intent to Distribute and Distribution (PWID) in South Carolina

All are in General Sessions Court

Drug Fines* Jail Time Notes
PWID Schedule I-III (Includes Marijuana) 1st $0-$5,000 0-5 years
PWID Schedule I-III (Includes Marijuana) 2nd $0-$10,000 0-10 years
PWID Schedule I-III (Includes Marijuana) 3rd $0-$20,000 5-20 years 85%; No suspended sentence or probation can be given, unless all prior convictions are only possessions.
PWID Cocaine/ LSD/ Heroin 1st $0-$25,000 0-15 years
PWID Cocaine/LSD/Heroin 2nd $0-$50,000 5-30 years 85%; Serious
PWID Cocaine/ LSD/ Heroin 3rd $0-$50,000 10-30 years 85%; Serious; No suspended sentence or probation can be given, unless ALL prior convictions are only possessions.
PWID Crank/Meth 1st $0-$25,000 0-15 years
PWID Crank/Meth 2nd $0-$50,000 5-30 years 85%; Serious
PWID Crank/ Meth 3rd $0-$50,000 10-30 years 85%; Serious; No suspended sentence or probation can be given, unless all prior convictions are only possessions.
PWID Crack 1st $0-$25,000 0-15 years
PWID Crack 2nd $0-$50,000 5-30 years 85%; Serious
PWID Crack 3rd $0-$50,000 10-30 years 85%; Serious; No suspended sentence or probation can be given, unless all prior convictions are only possessions.

Trafficking Drugs in South Carolina

All of these drug offenses are violent, serious and no suspended sentence of probation can be given. They are prosecuted in General Sessions Court.

Drug Amount of drug Fines* Jail Time Notes
Trafficking Marijuana 1st 10-100 lbs $0-$10,000 1-10 years
Trafficking Marijuana 2nd 10-100 lbs $0-$15,000 5-20 years 85%
Trafficking Marijuana 3rd 10-100 lbs $0- $25,000 25 years
Trafficking Cocaine 1st 10-28 grams $0-$25,0000 3-10 years
Trafficking Cocaine 2nd 10-28 grams $0-$50,000 5-30 years 85%
Trafficking Cocaine 3rd 10-28 grams $0-$50,000 25-30 years 85%
Trafficking Cocaine 1st 28-100 grams $0-$50,000 7-25 years 85%
Trafficking Cocaine 2nd 28-100 grams $0-$50,000 7-30 years 85%
Trafficking Cocaine 3rd 28-100 grams $0-$50,000 25-30 years 85%
Trafficking Cocaine 100-200 grams $0-$50,000 25 years 85%
Trafficking Cocaine 200-400 grams $0-$100,000 25 years 85%
Trafficking Cocaine 400 or more grams $0-$200,000 25-30 years 85%
Trafficking Meth/ Crank/ Crack 1st 10-28 grams $0-$25,000 3-10 years
Trafficking Meth/ Crank/ Crack 2nd 10-28 grams $0-$50,000 5-30 years 85%
Trafficking Meth/ Crank/ Crack 3rd 10-28 grams $0-$50,000 25-30 years 85%
Trafficking Meth/ Crank/ Crack 1st 28-100 grams $0-$50,000 7-25 years 85%
Trafficking Meth/ Crank/ Crack 2nd 28-100 grams $0-$50,000 7-30 years 85%
Trafficking Meth/ Crank/ Crack 3rd 28-100 grams $0-$50,000 25-30 years 85%
Trafficking Meth/ Crank/ Crack 1st 100-200 grams $0-$50,000 25 years 85%
Trafficking Meth/ Crank/ Crack 2nd 200-400 grams $0-$100,000 25 years 85%
Trafficking Meth/ Crank/ Crack 3rd 400 or more grams $0-$100,000 25-30 years 85%
Trafficking Heroin 1st 4-14 grams $0-$50,000 7-25 years 85%
Trafficking Heroin 2nd 4-14 grams $0-$100,000 25 years 85%
Trafficking Heroin 14-28 grams $0-$200,000 25 years 85%
Trafficking Heroin 28 grams or more $0-$200,000 25-40 years 85%

Manufacturing Drugs in South Carolina

Prosecuted in General Sessions Court.

Drug Amount of Drug Fines* Jail Time Notes
Mfg. Ecstacy (MDMA) 1st 100-500 units $0-$20,000 3-10 years No suspended sentence or probation can be given
Mfg. Ecstacy (MDMA) 2nd 100-500 units $0-$40,000 5-30 years No suspended sentence or probation can be given; 85%
Mfg. Ecstacy (MDMA) 3rd 100-500 units $0-$50,000 25-30 years No suspended sentence or probation can be given; 85%
Mfg. Meth 1st $0-$10,000 0-10 years Violent
Mfg. Meth 2nd $0-$50,000 5-30 years Violent; 85%
Mfg. Meth 3rd $0-$50,000 10-30 years Violent; No suspended sentence or probation can be given; 85%

* All fines are subject to additional court costs and fees.

* The reference to “85%” means at least 85% of the prison term must be served. Violent and serious are categories in the statute that help calculate the prison term and have to do with the second/third strike law for life without parole in SC.

There are also collateral consequences involved. For instance, If you’re a college student, drug crimes can cause you to lose Federal Student aid if convicted of a drug charge. We have great experience representing college students from universities including Carolina Coastal University (CCU) in both their criminal defense in the Conway Municipal Court and their administrative process at school.

Let the attorneys of the Lovely Law Firm use their experience and their tenacity to represent you in your drug charge in Myrtle Beach, Conway, SC or the surrounding areas. We can also help with any police brutality claims if you’ve been abused by the police while being arrested or while in jail.

Contact us for a case evaluation. Visit our Criminal Defense Playlist on YouTube for Drug Charge Videos

Every case is different. Results vary.

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