South Carolina Drug Trafficking Defense Lawyer

Legal authorities in South Carolina take drug crimes seriously, especially the crime of drug trafficking. For this reason, punishment for drug trafficking is harsher than for other types of crimes.

If you’re charged with drug trafficking, hire a criminal defense attorney to begin working on your case right away. Our experienced South Carolina drug crimes defense lawyer will fight for your freedom. To learn how we can help you, contact the Law Office of Mo Abusaft today to schedule a consultation.

How does South Carolina law define the crime of drug trafficking?

The crime of drug trafficking generally involves the manufacturing, selling, importing, and exporting of illegal substances. However, every state has its own definition.

Drug trafficking in South Carolina is typically based on the amount of drugs in your possession. In the state, anyone found with more than the following quantities of illegal substances may face charges and conviction for drug trafficking:

4 grams of heroin
10 grams of cocaine
10 pounds of marijuana

Drug trafficking is a crime at both the state and federal levels. Typically, for trafficking to be a federal crime, it requires transporting drugs across state lines. Since you’re only dealing with a state-level crime in South Carolina, getting charged does not require transporting drugs outside the state.

In some states, for a drug trafficking conviction, the state needs to prove the defendant had the intention of selling the drugs. However, in South Carolina, law enforcement does not need to prove a defendant had the drugs in their possession with the intention to sell in order to get a conviction.

Drug crimes can either be classified as felonies or misdemeanors in South Carolina, depending on the type of drugs involved, the amount of the drugs, and the exact drug crime a defendant is charged with. Trafficking drugs, specifically, is a felony in South Carolina.

The state’s drug trafficking case can rest upon actual possession, constructive possession, or conspiracy. Therefore, a defendant may face conviction for trafficking drugs even if they were not in direct possession of the illegal substances or if they did not follow through with committing the crime after taking steps to do so.

Penalties for Drug Trafficking in South Carolina

Drug trafficking is one of the most severe drug crimes in South Carolina; therefore, penalties can be significant. The penalties a defendant could face typically depend on their circumstances and the details of the crime, including the type of drug, the amount of drugs, and whether the defendant has a previous criminal record.

A breakdown of potential penalties follows.

Marijuana

Penalties for a drug trafficking charge involving marijuana vary based on the weight of the drugs.

For 1 to 100 pounds, penalties include:

First Offense: A mandatory minimum sentence of a year, with a maximum sentence of 10 years
Second Offense: A mandatory minimum sentence of five years and a maximum of 20 years
Third Offense: A mandatory prison sentence of 25 years

For 100 to 10,000 pounds of marijuana, the defendant will receive a mandatory minimum sentence of 25 years.

For 10,000 pounds and beyond, there is a mandatory minimum sentence of 25 years and a maximum of 30 years.

Cocaine, Crack Cocaine, or Methamphetamine

Drug trafficking sentences for cocaine, crack cocaine, or meth are based on grams.

For 10 to 28 grams, penalties include:

First Offense: A mandatory minimum sentence of three years with a maximum of 10 years
Second Offense: A mandatory minimum sentence of five years with a maximum of 30 years
Third Offense: A mandatory minimum sentence of 25 years or a sentence of up to 30 years

For 28 to 100 grams, penalties include:

First Offense: A mandatory minimum sentence of seven years and a maximum of 25 years
Second Offense: A mandatory minimum sentence of seven years and a maximum of 30 years
Third Offense: A mandatory minimum sentence of 25 years or a sentence of up to 30 years

From 100 to 400 grams brings a mandatory minimum sentence of 25 years. For charges involving greater than 400 grams, there is a mandatory minimum sentence of 25 years or a maximum of 30 years.

Heroin

Charges for heroin also depend on grams.

For 4 to 14 grams, penalties could include:

First Offense: A mandatory minimum sentence of seven years and a maximum of 25 years
Second Offense and Beyond: A mandatory sentence of 25 years

Charges involving 14 to 28 grams involve a mandatory sentence of 25 years. Charges for 28 grams or more mean a mandatory minimum sentence of 25 years and a maximum of 40 years.

A South Carolina Drug Trafficking Attorney Can Help You Fight Your Drug Trafficking Charges

Drug trafficking charges are serious. If you’re facing charges of drug trafficking, be sure to consult with a criminal defense lawyer as soon as possible.

The legal team at the Law Office of Mo Abusaft has the experience, skills, and tools to craft a viable legal defense and fight for the most favorable outcome. We’ll do everything possible to help protect your future and freedom.