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Drug Crime Lawyers in Florence, SC

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Possession of a controlled substance in South Carolina

All states regulate the possession of controlled substances. South Carolina classifies not only well-known drugs like marijuana, heroin, and cocaine as controlled dangerous substances, but also the compounds used to manufacture them, which carries different penalties. South Carolina uses five “Schedules” for controlled substances. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value; Schedules II, III, IV, and V decrease in dangerousness and probability of abuse and increase in recognized medical uses. If you have been charged with a crime involving drugs or illegal substances, our drug crime lawyers in Florence, SC would like to help you.

It is illegal in South Carolina to make or sell controlled dangerous substances.

Making or selling a Schedule I or II narcotic is a felony. Penalties for a first offense include a fine of up to $25,000, up to 15 years in prison, or both. Second offenses incur a fine of up to $50,000, at least five (and up to 30) years in prison, or both. Third and subsequent offenses incur a fine of fine of up to $50,000, at least ten (and up to 30) years in prison, or both.

Making or selling a non-narcotic and other Schedule I, II, or III controlled substances is a felony. Penalties for a first offense include a fine of up to $5,000, up to five years in prison, or both. Second offenses incur a fine of up to $10,000, up to ten years in prison, or both. Third or subsequent offenses incur a fine of up to $20,000, at least five (and up to 20) years in prison, or both.

Making or selling a Schedule IV controlled substance is a misdemeanor. Penalties for a first conviction include a fine of up to $3,000, up to three years in prison, or both. Second and subsequent offenses incur a fine of up to $6,000, up to five years in prison, or both.

Making or selling a Schedule V controlled substance is a misdemeanor. Penalties for a first offense include a fine of up to $1,000, up to one year in jail, or both. Second or subsequent offenses incur a fine of up to $2,000, up to two years in prison, or both.

Marijuana Laws

In South Carolina, marijuana is classified as a Schedule I controlled substance, which means that it has a high potential for abuse and no generally-recognized medical value. It is a crime to drive under the influence of marijuana in South Carolina.

It is a crime to knowingly or intentionally possess up to one ounce of marijuana in South Carolina. Amounts exceeding one ounce are treated as trafficking crimes. Manufacturing or distributing marijuana (or possessing marijuana with the intent to do so) in South Carolina is illegal. When the amount of marijuana involved is 10 pounds or more, the offense is known as “trafficking in marijuana.” Penalties vary according to the amount manufactured or distributed, with increased penalties for sales to a minor or near a school. It is illegal in South Carolina to manufacture or sell drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. If convicted, a defendant will have to pay a civil fine of up to $500, but will not be subject to criminal prosecution. In South Carolina, those who buy, transport, or import marijuana into the state are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram).

Can I be charged with Driving Under the Influence of Marijuana in South Carolina?

Yes, you can be charged with a DUI with any measurable amount of marijuana in your system. Learn more here.

Get Answers. Get Help.

Convictions for possession of controlled dangerous substances can incur harsh fines and long periods of incarceration. If you’ve been arrested for illegal possession of a controlled dangerous substance, please contact us immediately and we will review the facts of your case, explain your options, and advise you of the possible consequences.

To discuss your legal options, contact us or call our office at (843) 667.0400.