Understanding Drug Possession Laws in South Carolina
In 2024, South Carolina reported just under 50,000 drug offenses. Marijuana was the most common drug. State law recognizes two types of drug possession charges: simple possession and possession with intent to distribute (PWID). Due to the growth of illicit substances, lawmakers are enforcing stricter penalties. Possible penalties include jail, fines, and other collateral consequences.
If you or a loved one faces a drug possession charge, knowing South Carolina’s drug laws helps you protect your future. Contact the Law Office of Mo Abusaft immediately.
Simple Possession
State law makes it illegal to possess any illicit substance. South Carolina classifies drugs based on their potential for abuse and medical purposes. Schedule I drugs have no recognized medical use and high abuse potential. Schedule V drugs have a medical purpose and low dependency risk. Penalties depend on the drug schedule, quantity, and your prior offenses.
For example, having 28 grams or less of marijuana in your possession is considered simple possession under state law. While a first offense is a misdemeanor, punishable by 30 days in prison and a maximum $200 fine, possessing one ounce or more is a felony, punishable by up to 5 years in jail and a potential $5,000 fine.
South Carolina drug laws distinguish between actual and constructive possession. Actual possession means the drugs are on your person. Constructive possession means the substance is within your control. In these cases, you must have the power to control the drugs, even if not physically holding them. The prosecution must prove your knowledge of the drug’s location. Charges may result from either type of possession.
Possession with Intent to Distribute (PWID)
Possession of larger drug quantities leads to a possession with intent to distribute (PWID) charge. Law enforcement assumes a large quantity means it is not for personal use. To convict you, the State must show intent to distribute or sell. This can be inferred if paraphernalia such as baggies, rubber bands, or scales are found. Under SC Code § 44-53-370(1), possessing a Schedule I or II narcotic or LSD may bring up to 15 years in jail or a $25,000 fine for a first offense. Later offenses carry harsher penalties.
Conditional Discharge for Simple Possession Charges
Defendants with no prior criminal history may pursue conditional discharge. Under SC Code § 44-53-450, conditional discharge will allow the defendant to defer further proceedings and avoid a conviction upon the completion of court-ordered rehabilitation. In South Carolina, conditional discharge for drug possession charges usually involves staying in an alcohol and drug treatment facility. Successful completion of the program will allow the defendant to have the charges dismissed, although any violation of a term or condition will result in a guilty verdict.
A South Carolina Drug Crimes Defense Attorney Fighting for You
If charged with drug possession in South Carolina, work with a legal team equipped to help you. The Law Office of Mo Abusaft offers aggressive defense against these charges. Our lawyer keeps clients informed about the latest laws. We believe that understanding drug possession laws helps individuals make better decisions.
Don’t wait for your future to be determined by a drug charge. Take control now, contact us online or call (864) 406-8941 to schedule your free, confidential consultation with an attorney who will fight for you every step of the way.