Don’t fight drug distribution charges alone. Work with the experienced Greenville drug distribution lawyers at Bannister, Wyatt & Stalvey. Your charges are serious, but so is our defense.
Let our experienced drug distribution lawyers help you respond to the charges and aggressively pursue your defenses. Your future is important to you, and it’s important to us. We handle cases throughout Greenville. Contact our drug crime lawyers today for your free consultation.
Drug Distribution Charges and Penalties in South Carolina
S.C. Code § 44-53-370(b) – Distribution, Possess with Intent to Distribute
It is unlawful to distribute, conspire to distribute, or possess with the intent to distribute a drug, controlled substance or counterfeit substance.
– Schedule I (B) and (C), narcotic drugs or LSD and Schedule II narcotic drugs:
- Penalty: Felony, up to 15 years in prison, a fine up to $25,000 or both. Eligible for suspended sentence and probation, community supervision, work release and good behavior credits.
- Second offense: Felony, 5-30 years in prison, a fine up to $50,000, or both. Eligible for suspended sentence and probation, community supervision, work release and good behavior credits.
- Third offense: Felony, 10-30 years, a fine up to $50,000, or both. Offenders may be eligible for a suspended sentence depending on the category of prior offenses.
– Schedules I-II, flunitrazepam or controlled substance analogue, not in subsection (1):
- Penalty: Felony, up to five years in prison, a fine up to $5,000, or both. Eligible for suspended sentence and probation, community supervision, work release and good behavior credits.
- Second offense: Felony, up to 10 years in prison, a fine up to $10,000 or both. Eligible for suspended sentence and probation, community supervision, work release and good behavior credits.
- Third offense: Felony, 5-20 years in prison, a fine up to $20,000, or both. Offenders may be eligible for a suspended sentence depending on the category of prior offenses.
– Schedule IV, except for flunitrazepam:
- Penalty: Misdemeanor, up to three years in prison, a fine up to $3,000, or both.
- Second, subsequent offenses: Felony, up to five years in prison, a fine up to $6,000, or both.
First or second offense convictions are eligible for suspended sentence and probation, community supervision, work release and good behavior credits. For a third or subsequent offense, offenders may be eligible for a suspended sentence depending on the category of prior offenses.
– (4) – Schedule V:
- Penalty: Misdemeanor, up to one year in jail, a fine up to $1,000, or both.
- Second, subsequent offenses: Sentence twice the first offense.
First or second offense convictions are eligible for suspended sentence and probation, community supervision, work release and good behavior credits. For a third or subsequent offense, offenders may be eligible for a suspended sentence depending on the category of prior offenses.
S.C. Code § 44-53-370(g) – Distribution of a controlled substance with intent to commit a crime
It is unlawful to distribute or conspire to distribute a controlled substance with intent to commit a crime including kidnapping, human trafficking, criminal sexual conduct and larceny.
(1) – Schedule 1 (B) or (C) which is a narcotic drug or LSD, or in Schedule II
- First offense: Felony, up to twenty years in prison, a fine up to $30,000, or both. Eligible for suspended sentence and probation.
- Second offense: Felony, 5-30 years in prison, a fine of up to $50,000, or both. Not eligible for suspended sentence or probation.
- Third offense: Felony, 15-30 years in prison, a fine up to $50,000, or both. Not eligible for suspended sentence or probation.
A prior offense is any drug offense of state or federal government relating to narcotic drugs, marijuana, depressants, stimulants or hallucinogens.
(2) – Substances not found in S.C. Code § 44-53-370(g)(1) gamma hydroxybutyrate
- First offense: Felony, up to 15 years in prison, a fine up to $25,000, or both. Eligible for suspended sentence and probation.
- Second offense: Felony, up to 20 years in prison, a fine up to $30,000 or both. Not eligible for suspended sentence or probation.
- Third offense: 5-25 years in prison, a fine up to $40,000 or both. Not eligible for suspended sentence or probation.
A prior offense is any drug offense of state or federal government relating to narcotic drugs, marijuana, depressants, stimulants or hallucinogens.
S.C. Code § 44-53-440 – Distributions to persons under 18
Distribution of a drug in violation of § 44-53-370(a), by a person over age 18, to a person under age 18, is a felony.
Penalties vary depending on the substance involved.
Schedule I (B) and (C), narcotic drugs or LSD, or Schedule II, or 44-53-375(B) (crack cocaine)
- Penalty: Felony, up to 20 years in prison, a fine up to $30,000 or both. Not eligible for suspended sentence or probation.
All other drugs Schedules I-V
- Penalty: Misdemeanor, up to 10 years in prison, a fine of up to $10,000, or both.
S.C. Code § 44-53-445(B)(1) – Distribution of a controlled substance within proximity of a school
It is a separate criminal offense to distribute drugs within a half mile of a school, including:
- Public or private school
- Elementary
- Middle
- Secondary, high school
- Public playground or park
- Public vocational or trade school, technical center
- Public or private college or university
To be convicted, the offender must know they are within a half mile of a school, and they must distribute or possess with intent to distribute within a half-mile radius of the school.
If the person is stopped by a law enforcement officer within a half-mile of the school, but the distribution didn’t happen within a half-mile radius, the person may not be convicted under this law. Inferences regarding intent to distribute apply.
- Penalty: Felony, up to 10 years in prison, a fine up to $10,000, or both.
- When the offense involves purchase only: Misdemeanor, up to one year in prison, a fine up to $1,000, or both.
Note: There are separate offenses for distribution involving methamphetamine or cocaine:
- § 44-53-375(B)(1) Manufacture, distribution, etc., methamphetamine or cocaine
- § 44-53-375(B)(2) Distribution, manufacture, sale or possession of crack cocaine within proximity of a school
Distribution vs. Trafficking – What’s the Difference?
South Carolina separates drug charges into several broad categories – possession, distribution and trafficking. Distribution and trafficking are not the same. While both distribution and trafficking charges are extremely serious, distribution penalties tend to be less serious than trafficking charges in South Carolina.
Trafficking is based on having a large quantity of drugs. If the police find a certain amount or more, you’re likely to face a trafficking charge. The law presumes that people with large quantities of a drug are heavily involved in a drug enterprise, so penalties are more serious.
When it comes to distribution, there isn’t a specific threshold amount that makes a case eligible for distribution charges. Any circumstances that show the person distributed or intended to distribute the drugs may prompt a distribution charge. Having a large amount of drugs in your possession can be one of the factors.
Other common factors are having bags, scales, large amounts of cash, customer lists, burner phones and other things that may be used to facilitate the distribution of drugs. Witness statements may be used as evidence, too.
If you’re facing drug charges, it’s important to understand the exact charges you’re facing, potential penalties and whether you’re facing an enhanced charge because of a prior conviction. You should also understand lesser-included offenses and how they may influence your defense strategy.
Drug Offenses Involving Minors and Students
South Carolina has created separate offenses for drug charges involving minors and students. These offenses are part of South Carolina’s drug-free zones. While South Carolina uses a large zone for schools and parks – a half mile, or 2,600 feet – the state also requires the offender to have knowledge that they were in a zone.
These laws are intended to keep drugs away from children. Offenders should understand that they may face enhanced charges when alleged drug distribution is in a drug-free zone or when the offense involves distribution to a minor.
Defenses to Drug Distribution or Intent to Distribute Charges in SC
Remember, the state must prove the charges against you. The state must prove that you distributed drugs or that you intended to distribute them.
You should look at each element of the offense including whether the state can prove that you possessed the drugs, the identity of the substance involved and proof of intent to distribute. You should evaluate the case for constitutional violations or chain of custody errors.
Our experienced Greenville drug distribution lawyers explore every opportunity to defend the charges against you. We take cases to trial. We also resolve cases through preliminary motions, plea bargaining and drug court, intervention and other alternative treatment that may be available to you. We aggressively pursue your rights and personalize your defense.
Free Consultations Available With a Drug Distribution Lawyer
When you’re facing drug distribution charges, the case’s outcome will most definitely impact the rest of your life. Don’t take any chances with your future – talk to a Greenville drug distribution lawyer at a free consultation.
At Bannister, Wyatt & Stalvey, we fight drug distribution charges. If you’re accused, let us protect your rights. Call or message us now to talk about your case and begin.
