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