Present an aggressive defense with our drug trafficking attorneys in Greenville, SC. Bannister, Wyatt & Stalvey, LLC protects your legal rights and fights for your freedom.
Fight drug trafficking charges with the help of experienced attorneys. Contact our drug crime lawyers in Greenville today to talk about your case.
Lawyers for Drug Trafficking Criminal Charges
If you are facing drug trafficking criminal charges in South Carolina, your freedom is at risk. Potential prison time, fines and other penalties are significant for drug trafficking charges.
However, you are not convicted just by facing charges. You have important rights. You have the right to fight the charges with the help of an attorney.
Bannister, Wyatt & Stalvey, LLC represents people facing drug trafficking charges. Our team can help you prepare and present your defenses. We will pursue every avenue to address the charges against you.
Contact our drug trafficking defense attorneys today to discuss your case.
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About Drug Trafficking Charges
Drug trafficking is the illegal production, possession, transporting or distribution of controlled substances past a certain weight threshold.
If you carry drugs for personal use, that’s possession. Carry more than an amount for personal use, and you could be charged with possession with intent to distribute. Carry more weight than that, and you could be charged with drug trafficking.
What is the South Carolina drug trafficking law?
S.C. Code § 44-53-370 is the South Carolina drug trafficking law. It is part of Title 44 – Health, Chapter 53, Poisons, Drugs, and other controlled Substances, Article 1 of the South Carolina Code of Laws.
What counts as drug trafficking in South Carolina?
South Carolina Code § 44-53-370(a) and § 44-53-370(e) create a long list of activities that could count as drug trafficking, including if you do any of the following regarding controlled substances:
- Sell
- Manufacture
- Distribute
- Dispense
- Purchase
- Bring into the state
- Cultivate
- Aid or abet
- Attempt
- Conspire to do any of these things
In South Carolina, there are two categories of offenses that relate to the distribution of drugs – possession with intent to distribute and drug trafficking.
Drug Trafficking vs. Possession with Intent to Distribute in South Carolina
South Carolina law classifies drug trafficking offenses into two different categories – drug trafficking and possession with intent to distribute.
What’s the difference?
Possession with intent to distribute is South Carolina Code § 44-53-370(a). Drug trafficking is South Carolina Code § 44-53-370(e). Possession with intent to distribute is a less-serious charge than drug trafficking. Drug trafficking and its potential jail time for a conviction rests primarily on the weight of a controlled substance that was found.
Penalties are generally lower for possession with intent to distribute than for drug trafficking. Some intent to distribute offenses are misdemeanors, while drug trafficking is a felony. Alternative sentencing, like probation or a suspended sentence, may be available for an intent to distribute sentence, while the law prohibits it for drug trafficking offenses.
Presumption of intent to distribute
When a person possesses a large amount of a single controlled substance, the law creates a presumption that the person intended to distribute the substance. The reasoning is that the person has more than they would likely have for their personal use. S.C. Code § 44-53-370(d)(4).
The necessary amount varies and depends on the type of controlled substance.
| Type of Drug | Amount for trafficking presumption |
| Cocaine | 1 gram |
| Alpha-eucaine, beta-eucaine | 100 milligrams |
| Opium, morphine | 4 grains |
| Heroin | 2 grains |
| LSD (lysergic acid diethylamide) | 50 micrograms, compounds included |
| MDMA | 15 tablets, capsules or doses |
| Gamma hydroxybutyric acid, including analogues | 20 milliliters or milligrams |
The law says that a person in possession of these quantities of drugs is prima facie guilty of S.C. Code § 44-53-370(a), possessing controlled substances with the intent to distribute. That means that, because of the amount involved, the possession alone creates a presumption that the person intended to distribute the drug.
Is drug trafficking a felony in SC?
Drug trafficking is always classified as a felony offense in South Carolina. However, possessing drugs with the intent to distribute them is a separate offense, which may be a misdemeanor or a felony. The potential prison term varies based on the type of substance, amount involved and previous convictions of the offender.
Trafficking in counterfeit substances
It is illegal to traffic counterfeit controlled substances. In addition to all the acts prohibited by S.C. Code § 44-53-370(a)(1), S.C. Code § 44-53-370(a)(2) prohibits creating counterfeit substances, too.
South Carolina Drug Trafficking Charges at a Glance
- All drug trafficking charges carry the potential of serious consequences. Prison time may be significant, plus fines and other penalties.
- South Carolina separates drug trafficking charges into two categories: the less serious, possession with intent to distribute charges, and more serious, drug trafficking charges.
- The potential penalty for an offense varies based on the substance, amount involved, and prior history of the offender.
- The state must prove the charges against you. For example, if the charge is possession with the intent to distribute, the state must prove possession, your intent to distribute it, and the identity of the controlled substance.
- Repeat offenses are often treated more seriously, so it’s very important to fight these charges now.
- You have the right to fight your drug charges – and you should.
Drug charges are complex. The state must prove the charges against you. That may mean proving your intent, and actual or constructive possession of the drug. It may mean overcoming allegations that law enforcement violated citizen protections against unconstitutional search and seizure. How you address the charges now may impact your freedom and your future.
Drug Trafficking Laws in Greenville, SC
All offenses below are felonies. A sentence may not be served by suspended sentence or probation.
Trafficking in heroin, morphine, opium – S.C. Code 44-53-370(e)(3)
4-14 grams
First offense – 7-25 years in prison, $50,000 fine.
Second offense – At least 25 years in prison, $100,000 fine.
14-28 grams
Penalty – At least 25 years in prison, $200,000 fine.
28+ grams
Penalty – At least 25 years in prison, $200,000 fine.
Trafficking in methaqualone, quaaludes, ludes, sopers – S.C. Code § 44-53-370(e)(4)
15-150 grams
First offense – 1-10 years in prison, $10,000 fine.
Second, subsequent offense – At least 25 years in prison, $25,000 fine.
150-1,500 grams
Penalty – At least 25 years in prison, a $25,000 fine.
1,500 grams – 15 kilograms
Penalty – At least 25 years in prison, $50,000 fine.
15 kilograms or more
Penalty – 25-30 years in prison, $200,000 fine.
Trafficking in LSD, lysergic acid diethylamide – S.C. Code § 44-53-370(e)(5)
100-500 doses
First offense – 3-10 years in prison, $25,000 fine
Second offense – 5-30 years in prison, $40,000 fine
Third or subsequent offense – 25-30 years in prison, $50,000 fine
500-1000 doses
First offense – 7-25 years, $50,000 fine
Second offense – 7-30 years in prison, $50,000 fine
Third or subsequent offense – 25-30 years in prison, $50,000 fine
Trafficking in flunitrazepam, rohypnol, date-rape drug, roofie – S.C. Code § 44-53-370(e)(6)
1-100 grams
First offense – 1-10 years in prison, $10,000 fine.
Second offense – 25 years in prison, $25,000 fine.
100-1,000 grams
Penalty – 20 years in prison, $50,000 fine
1,000 grams – 5 kilograms
Penalty – 25 years in prison, $50,000 fine
5 kilograms or more
Penalty – 25-30 years in prison, $200,000 fine
Trafficking in gamma hydroxybutyric acid, GHB, Georgia home boy, liquid ecstasy – S.C. Code § 44-53-370(e)(7)
50 milliliters or milligrams or more
First offense – 1-10 years in prison, $10,000 fine
Second or subsequent offense – 25 years in prison, $25,000 fine.
Trafficking in flunitrazepam, rohypnol, date-rape drug, roofie – S.C. Code § 44-53-370(e)(8)
100-500 doses
First offense – 3-10 years in prison, $20,000 fine
Second offense – 5-30 years in prison, $40,000 fine
Third or subsequent offense – 25-30 years in prison, $50,000 fine
500-1,000 doses
First offense – 7-25 years in prison, $50,000 fine
Second offense – 7-30 years in prison, $50,000 fine
Third offense – 25-30 years in prison, a$100,000 fine
Types of Drug Charges
If you find yourself facing a drug trafficking charge, possession with the intent to distribute or simple possession may be included as a lesser offense. That means if the state doesn’t prove that you intended to traffic the drugs, the jury could still find you guilty of intending to distribute or possess the drugs. Penalties for simple possession are generally not as serious, but any drug charge may carry significant penalties and collateral consequences. (State v. Sellers, 362 S.C. 182 (2006).
During trial, your attorney may request that the court instruct the jury on any appropriate lesser-included offenses. This is something that you as the defendant must request. The judge must grant the request if there is evidence that suggests the defendant committed the lesser offense.
The test for a lesser-included offense is if the greater offense contains all the elements of the lesser offense. (State v. Parker and Kirby, 351 S.C. 567 (2001), but see State v. Grandy, 306 S.C. 224, 226 (1991), stating that a lesser-included instruction is not appropriate where the evidence shows the amount involved exceeds trafficking minimums).
In addition to a possession charge, you may be charged with any other offenses that arise out of the same episode of conduct. For example, you may also face drunk driving, firearms, assault or homicide charges if any of them apply. You must prepare to aggressively address all the charges you are facing, and address them in their entirety.
State and Federal Drug Crimes
Drug possession and trafficking is illegal under both South Carolina and United States federal laws. State charges are brought in state courts. Federal charges are brought in federal court. Either state or federal authorities may charge you with an offense.
Federal drug trafficking laws
21 U.S.C. § 841 prohibits drug trafficking in the United States. Penalties vary based on the amount of the substance involved. Penalties can be great. For example, trafficking in heroin of 1 kilogram or more prosecuted federally may carry a term in prison up to 10 years and a fine of up to $4 million.
Under United States law, distribution of an illegal substance resulting in death carries a mandatory life sentence and a fine of up to $8 million. In addition, authorities may aggressively seek seizure of personal property and real estate that they believe was used to promote drug trafficking.
(Source: Boston University, Federal Drug Laws).
Attorneys for Drug Trafficking Defense in Greenville, SC
Having an attorney for drug trafficking defense in Greenville, SC gives you an experienced team on your side, representing you. We are knowledgeable about the law, and we will stand up for your rights.
Let us assist you with:
- Addressing bail or bond, and conditions of pretrial release
- Representing you right away, including at your arraignment
- Pretrial motions including requests to suppress evidence
- Gathering evidence, demanding information when the police are reluctant to cooperate
- Understanding what defenses to raise and what paths are available to you to fight the charges
- Questioning witnesses, issuing subpoenas for witnesses to attend trial
- Picking the jury and presenting your case
- Negotiating a plea offer or presenting your case in court
- Representing you at all court appearances
We are experienced trial lawyers. Many drug charges are argued in court, in a trial, before a jury of your peers. You have the right to refute the state’s evidence and the case against you by taking your case to trial. Also, many drug charges are successfully fought before the case goes to trial, by carefully questioning the strength of the state’s case and the actions of those involved in the investigation.
Let Bannister, Wyatt & Stalvey, LLC represent you. We are aggressive drug trafficking defense attorneys. We represent Greenville, SC and the surrounding areas. Contact us now to talk about your case and begin. We can represent you immediately after your consultation.
Defenses to Drug Trafficking Charges in South Carolina
There are many ways to defend against drug trafficking charges in South Carolina. You may assert as many defenses as apply to you. Examples of possible defenses are:
- The substance involved is not what they say it is. It is not an illegal substance.
- I didn’t possess the substance. (This defense is especially important when the issue is constructive possession – like when the drugs are in your car or on your property, but not on your immediate person.)
- You didn’t know what the substance was, or you were told it was something else.
- Law enforcement violated your rights by conducting an illegal search and seizure.
- You have a lawful right to possess the drug, like in a law enforcement or scientific capacity.
- The amount involved is less than you’re accused of.
- Law enforcement committed gross misconduct, like entrapping you or planting the drugs on you.
- You are not the person charged with the offense. There is a mistaken identity.
Some of these defenses are appropriately raised at trial, while others must be raised in preliminary stages.
Knowing what defenses to present – and how to raise them effectively – requires diligent investigation and evaluation. We can examine what defenses you should raise and create a strategy for your case.
It may be appropriate to go to trial or negotiate a plea to lesser charges. If you pursue a plea bargain, it must be done thoughtfully. You must understand the potential penalties of both charges, the rights you would be giving up by choosing a plea bargain, and the likely outcome of sentencing. You should be aware of ways a conviction may impact you in the future like employment or immigration status. Our lawyers can help negotiate your plea, discuss your options with you and answer your questions.
Get Your Case Consultation
Contact Bannister, Wyatt & Stalvey Now
We are skilled trial lawyers. You have a right to a trial, and we can represent you. You may choose how to pursue your case, and we can guide you to the correct decision.
Talk to a Lawyer Today
If you’re facing drug trafficking charges, it’s a serious matter – but you don’t have to fight alone. Bannister, Wyatt & Stalvey, LLC fiercely represents people facing drug trafficking offenses. We can begin representing you immediately. Contact us now to begin.
