For many people, there is confusion surrounding the different charges related to drug possession. Upon hearing the term “drug trafficking,” some may presume this means someone was charged for transporting illegal substances. The term might even evoke cinematic-type imagery of drug lords smuggling copious amounts of illegal substances across state or country lines. To be charged with drug trafficking in South Carolina, however, you don’t necessarily have to be transporting drugs illegally—you could be charged for just having drugs in your possession.
Whether you are charged with drug trafficking in South Carolina is dependent on the amount of an illegal substance you have in your possession. It’s also possible to be charged with drug trafficking based on conspiracy—in this scenario, you can be charged with trafficking even though you have no drugs in your possession. For example, you helped someone traffic a sizable amount of drugs, but you were not found to have said drugs in your possession.
A drug trafficking charge is the most serious type of drug crime, and the associated penalties are severe. If you or a loved one has been charged with drug trafficking, it is imperative that you secure the representation of an experienced criminal defense attorney who can help you understand your rights and options moving forward.
Types of Drug Crimes
There are three overarching types of drug crimes.
- Simple Possession
- Possession with Intent to Distribute (PWID)
- Trafficking
Simple Possession
If you’ve been charged with simple possession in South Carolina, it’s alleged that you were in possession of a controlled substance that you intended for personal use (not distribution).
Simple possession is typically considered a misdemeanor in South Carolina.
Possession with Intent to Distribute (PWID)
If you’ve been charged with PWID in South Carolina, it’s alleged that you were in possession of a controlled substance that you intended to sell to others. Having drug-related paraphernalia, such as scales, baggies, or ledgers, in your possession increases law enforcement’s likelihood of charging you with PWID.
PWID is typically considered a felony in South Carolina.
Trafficking
If you’ve been charged with drug trafficking in South Carolina, it’s alleged that you were found with a sizable amount of drugs.
Drug trafficking is the most serious drug offense and is always considered a felony in South Carolina.
Drug Threshold Amounts
The quantity of drugs that you’re found in unlawful possession of is integral to determining what level of offense you’re charged with, as well as whether you’re charged at the state or federal level.
State Level
Being found with the followings amounts of drugs can land you with a charge of drug trafficking at the state level:
- Cocaine: 10 pounds or more
- Flunitrazepam (Rohypnol): 1 gram or more
- Gamma hydroxybutyric acid (GHB): 50 milliliters or more
- Heroin, Morphine, or Other Opiate: 4 grams or more
- Lysergic acid diethylamide (LSD): 100 tablets or more
- Marijuana: 10 pounds or more
- MDMA or ecstasy: 100 tablets or more
- Methamphetamine: 10 grams or more
- Methaqualone: 15 grams or more
Federal Level
Being found with the followings amounts of drugs can land you with a charge of drug trafficking at the federal level:
- Cocaine: 500 grams
- Flunitrazepam (Rohypnol): 1 gram
- Gamma hydroxybutyric acid (GHB): Any amount
- Heroin, Morphine, or Other Opiate: 100 grams
- Lysergic acid diethylamide (LSD): 1 gram
- Marijuana: 1,000 kilograms or at least 1,000 marijuana plants
- Methaqualone, MDMA, or Ecstasy: Any amount
- Methamphetamine: 5 grams of pure meth or 50 grams of meth mixture
You could be charged with drug trafficking at the state level, federal level, or state and federal levels. If you’ve been charged with drug trafficking, you must prepare for the possibility of trial and severe penalties, including jail time and high fines. It’s vital that you secure the representation of an established attorney to help you reclaim your life.
Penalties
The extent of your penalty is dependent on the type of drug you’re charged with trafficking, as well as other factors. Some such factors include:
- If a weapon was also found in your possession
- If you have any prior convictions
- If you held a leadership role in the offense
- If someone was injured or died during the crime
Now, we will cover the specific penalties for four of the most trafficked controlled substances.
Cocaine
- 10–28 grams
- First Offense
- Jail Time: 3–10 years
- Fine: $25,000
- Second Offense
- Jail Time: 5–30 years
- Fine: $50,000
- Third or More Offense(s)
- Jail Time: 25–30 years
- Fine: $50,000
- First Offense
- 29–100 grams
- First Offense
- Jail Time: 7–25 years
- Fine: $50,000
- Second Offense
- Jail Time: 7–30 years
- Fine: $50,000
- Third or More Offense(s)
- Jail Time: 25–30 years
- Fine: $50,000
- First Offense
- 101–200 grams
- Jail Time: 25 years
- Fine: $50,000
- 201–400 grams
- Jail Time: 25 years
- Fine: $100,000
- More than 400 grams
- Jail Time: 25 years
- Fine: $200,000
Heroin
- 4–14 grams
- First Offense
- Jail Time: 7–25 years
- Fine: $50,000
- Second or More Offense(s)
- Jail Time: 25 years
- Fine: $100,000
- First Offense
- 15–28 grams
- Jail Time: 25 years
- Fine: $200,000
- More than 28 grams
- Jail Time: 25–40 years
- Fine: $200,000
Marijuana
- 10–100 pounds
- First Offense:
- Jail Time: 1–10 years
- Fine: $10,000
- Second Offense
- Jail Time: 5–20 years
- Fine: $15,000
- Third or More Offense(s)
- Jail Time: 25 years
- Fine: $25,000
- First Offense:
- 101–1,000 pounds or 10–1,000 plants
- Jail Time: 25 years
- Fine: $25,000
- 2,000–10,000 pounds or 1,001–10,000 plants
- Jail Time: 25 years
- Fine: $50,000
- More than 10,000 pounds or 10,000 plants
- Jail Time: 25 years or more
- $200,000
Methamphetamine
- 10–28 grams
- First Offense
- Jail Time: 3–10 years
- Fine: $25,000
- Second Offense
- Jail Time: 5–30 years
- Fine: $50,000
- Third or More Offense(s)
- Jail Time: 25–30 years
- Fine: $50,000
- First Offense
- 29–100 grams
- First Offense
- Jail Time: 7–25 years
- Fine: $50,000
- Second Offense
- Jail Time: 7–30 years
- Fine: $50,000
- Third or More Offense(s)
- Jail Time: 25–30 years
- Fine: $50,000
- First Offense
- 101–200 grams
- Jail Time: 25 years
- Fine: $50,000
- 201–400 grams
- Jail Time: 25 years
- Fine: $100,000
- More than 400 grams
- Jail Time: 25–30 years
- Fine: $200,000
As you can see, the length of a jail sentence and severity of fines for drug trafficking varies. The first offense for trafficking 4–14 grams of heroin, for instance, warrants 7–25 years in jail and a $50,000 fine—whereas the first offense for trafficking a larger amount of cocaine (10–28 grams) warrants less jail time (3–10 years) and a smaller fine ($25,000). These various penalties are detailed in the South Carolina Code of Laws.
Miranda Rights
It’s important for you to know your Miranda rights when facing criminal charges.
When you are arrested, an officer may state your Miranda rights as follows:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be provided for you.
- With these rights in mind, do you wish to speak to me?
According to your Miranda rights, you have the right to an attorney—and you need one well-equipped to handle your case.
We Can Help You Fight Your Drug Charges
Our legal team at Masella Law, P.A. has nearly 30 years of experience representing and helping clients. Attorney Masella is skilled in criminal defense and can help you explore different strategies to fight your drug charges.
Depending on your specific situation, our goals can be to reduce the charges against you or get them dismissed entirely. We can also investigate if law enforcement violated your constitutional rights or did not have probable cause or a warrant to search your person, vehicle, or home.
Dealing with drug trafficking charges is serious and it’s crucial that you secure the representation of a quality attorney as soon as possible. This is your life on the line!
Call us at (803) 938-4952 to schedule your consultation today.