Possession of a Controlled Substance in South Carolina

Illegal possession of a controlled substance can result in misdemeanor or felony drug charges in South Carolina. This article reviews South Carolina's drug classifications and penalties for illegal possession for personal use. Harsher penalties apply to drug sales, manufacturing, and trafficking offenses.

How Does South Carolina Classify Controlled Substances?

South Carolina divides controlled substances into five schedules—Schedules I to V. Schedule I drugs are considered the most dangerous and highly addictive, while Schedule V drugs are the least dangerous and the least addictive. Below are some examples of drugs placed into each schedule.

Schedule I includes drugs such as heroin, MDMA, LSD, mescaline, marijuana, and psilocybin.

Schedule II includes drugs such as opium, oxycodone, cocaine, fentanyl, and meth.

Schedule III includes drugs such as ketamine, buprenorphine, and testosterone.

Schedule IV includes drugs such as diazepam (Valium), lorazepam (Ativan), and flunitrazepam (Rohypnol).

Schedule V drugs include cough suppressants and other therapeutic medicines containing low doses of codeine or other narcotics.

(S.C. Code. §§ 44-53-190, 44-53-210, 44-53-230, 44-53-250, 44-53-270 (2024).)

What Are the Penalties for Illegal Drug Possession in South Carolina?

It is illegal in South Carolina to possess a controlled substance without a valid medical prescription. Penalties vary according to the type and amount of drug involved and whether the defendant has any prior convictions.

Possession of Schedule I and II Narcotics and LSD

Possessing a Schedule I or II narcotic or LSD is a misdemeanor for the first offense, with penalties of up to two years' incarceration and a $5,000 fine. Second offenses are felonies, punishable by five years of imprisonment and a $5,000 fine. For third and subsequent offenses, possible fines increase to $10,000.

Possession of Cocaine

A first conviction for possession of cocaine is a misdemeanor, punishable by up to three years behind bars and a $5,000 fine. A second conviction carries felony penalties of up to five years of prison time and a $7,500 fine. Third and subsequent offenses incur a fine of up to $12,500 and up to 10 years in prison.

Possession of Fentanyl

Possession of more than 2 grains of fentanyl starts as a felony offense. A first conviction carries up to five years in prison and a $5,000 fine. A second conviction increases the possible prison time to 10 years and the fine to $7,500. Third and subsequent offenses carry up to 15 years in prison and a $10,000 fine.

Possession of Other Schedule I, II, III, IV, or V Drugs

Possessing any other Schedule I, II, III, IV, or V drug is a misdemeanor (excluding marijuana and hashish). Penalties for a first offense include a fine of up to $1,000, up to six months in jail, or both. Second or subsequent offenses incur a fine of up to $2,000, up to one year in jail, or both.

Possession of Marijuana or Hashish

A person who possesses small amounts of marijuana (28 grams or less) or hashish (10 grams or less) commits a misdemeanor offense. A first conviction can mean up to 30 days of jail time and a $100 to $200 fine. Subsequent convictions carry up to one year of jail time and a $200 to $1,000 fine.

(S.C. Code § 44-53-570 (2024).)

Possession of Larger Amounts of Illegal Drugs in South Carolina

Possessing larger amounts of illegal drugs in South Carolina can result in harsher charges for possession with intent to sell (sale crime) or trafficking.

Intent to sell. For example, the law provides that possession of more than the following amounts is evidence of intent to sell: one gram of cocaine, 4 grains of opium or morphine, 15 dosages of MDMA, 20 milligrams of GBH, and 2 grains of heroin or fentanyl.

Trafficking. A solicitor can file even harsher drug trafficking charges in cases where, for example, amounts exceed: 4 grams of heroin, morphine, opium, or fentanyl; 10 grams of cocaine; 100 doses of LSD or MDMA, or more than 10 pounds of marijuana.

Trafficking offenses start as felonies, as do most sale offenses.

(S.C. Code § 44-53-370 (2024).)

Can You Go to Jail or Prison for Drug Possession in South Carolina?

It's possible to spend time behind bars for drug possession, especially for repeat convictions. But, for most possession offenses, the law permits the judge to grant probation, work release, community service, and other sentencing alternatives to incarceration.

First-Time Drug Offenders

For first-time offenses, a defendant might be able to avoid a conviction completely.

Pretrial intervention. Solicitors can place a defendant charged with a first drug possession offense in a pretrial intervention program. If the defendant successfully completes the program, the solicitor dismisses the charges.

Conditional discharge. As a different option, judges can offer first-time drug offenders conditional discharge, which may avoid a conviction.

Drug Court

Counties may also have drug courts. Drug courts may operate as a diversion program or as part of probation. The stage of the criminal proceedings impacts how the case resolves. Treatment courts operate in phases and start with high levels of supervision and accountability. The goal of these courts is to address criminal behavior resulting from addiction.

(S.C. Code §§ 17-22-10, 17-22-150, 44-53-450 (2024).)

Possible Defenses to Drug Possession Charges in South Carolina

In drug possession cases, a defense attorney may raise several arguments to challenge the solicitor's case. A solicitor must prove every element of the crime beyond a reasonable doubt. Poking holes in the case can lead to an acquittal, dropped charges, or a reduction in the charges.

Lack of Knowledge or Possession

Drug possession crimes generally require proof that the defendant had actual or constructive possession of the drugs. If the prosecution can't prove the defendant knowingly possessed the drug, this may lead a jury to acquit. This might be a defense in situations where a defendant claims the drugs belonged to someone else or didn't know that the substance was an illegal drug.

Illegal Search or Seizure

Another common defense strategy in drug possession cases is to challenge the legality of the search that led to finding the drugs. If police conducted an illegal search, the evidence (the drugs) typically must be excluded. Without evidence of the drugs, the prosecution's case might fall apart.

Overdose Reporting and Limited Immunity

South Carolina law provides limited immunity (protection) from prosecution when a person seeks emergency help for oneself or another person suffering from a drug overdose. Immunity applies only to certain drug charges when the person acts in good faith, remains on the scene, and cooperates with police and first responders.

(S.C. Code §§ 44-53-1920, 44-53-1930 (2024).)

Getting Legal Help

If you're facing drug possession charges, talk to a criminal defense attorney. A misdemeanor conviction might not seem like a big deal but it can result in time behind bars, plus owing fines and fees. Having a drug conviction on record can also lead to harsher charges for any subsequent convictions. Talk to your lawyer about whether sentencing alternatives, such as drug court, might be an option for you.