We are Greenville drug possession lawyers. A drug possession charge in South Carolina has the possibility to disrupt your life, but you can have experienced legal representation. At Bannister, Wyatt & Stalvey, LLC, Attorneys At Law, we are relentless advocates for our clients.
To see how a drug possession lawyer from Bannister, Wyatt & Stalvey, LLC can assist you when you are facing drug possession charges, contact us. Consultations are free. Our Greenville drug crime lawyers taking new cases, and we can start representing you immediately. Contact us now to begin.
Lawyers for Drug Possession Defense in Greenville
If you are facing drug possession charges in the Thirteenth Circuit Court for Greenville County, or another court, you must aggressively respond to the charges to protect your record and your future. There are important things you can do to protect your rights.
Each day, the Bannister, Wyatt & Stalvey legal team fights for people facing serious charges in Greenville, SC. Let us personalize your defense and use every opportunity to fight the charges against you. Start today with your free consultation.
Greenville, SC Drug Possession Laws
Drug possession means being in possession of a controlled substance. In general, controlled substances are classified by government officials into schedules. These schedules are based on the potential for abuse and whether there are medicinal uses for the drug. Schedule I drugs are the most dangerous, and Schedule V drugs are the least dangerous.
Charges for drug possession in South Carolina are classified into different levels of severity depending on the drug schedule. In South Carolina, possession of most types of drugs fall under S.C. Code § 44-53-370(d)(1) which encompasses most schedule I and II drugs.
South Carolina Drug Possession Charges and Penalties
§ 44-53-370(d)(1) Prohibited Acts A, penalties (possession of narcotic drugs in Schedule I (b), (c), LSD, and Schedule II)
- Drugs included: Heroin, GHB, LSD, marijuana, ecstasy, magic mushrooms, oxycodone, Adderall, Ritalin, Vicodin, fentanyl, PCP, anabolic steroids, methamphetamine.
- Penalty: Misdemeanor, punishable by up to two years in prison, a fine of up to $5,000, or both.
- Second offense: Felony, punishable by up to five years in prison, a fine of up to $5,000 or both.
- Third offense: Felony, punishable by up to five years in prison, a fine of up to $10,000 or both.
Offenders are eligible for a suspended sentence and probation, supervised furlough, community supervision, work release, good conduct credits and other rehabilitation and community supervision programs.
§ 44-53-370(d)(2) – Other controlled substances classified in Schedules I-V
- Drugs included: Klonopin, Valium, Xanax, cough medications with codeine, Tylenol with codeine, testosterone, Darvocet.
- Penalty: Misdemeanor, punishable by up to six months in jail, a $1,000 fine, or both.
- Second or subsequent offense: Misdemeanor, punishable by up to one year in prison, a fine of up to $2,000 or both.
Offenders are eligible for a suspended sentence and probation, supervised furlough, community supervision, work release, good conduct credits and other rehabilitation and community supervision programs.
§ 44-53-370(d)(3) – Cocaine
- Penalty: Misdemeanor, up to three years in prison, a fine of up to $5,000, or both. The court may order drug treatment and rehabilitation programs.
- Second offense: Felony, up to five years in prison, a fine of up to $7,000 or both.
- Third or subsequent: Felony, up to 10 years in prison, a fine of up to $12,500, or both.
Offenders are eligible for a suspended sentence and probation, supervised furlough, community supervision, work release, good conduct credits and other rehabilitation and community supervision programs.
§ 44-53-370(b)(4) Simple marijuana possession, eligibility for conditional discharge
- The offense: Possession of a small amount of marijuana (28 grams or one ounce or less, or 10 grams or less of hashish).
- Penalty: Misdemeanor, up to 30 days in jail or a fine of $100-$200.
- Conditional discharge: An offender is eligible for conditional discharge, which may require attendance in an approved drug abuse program. Pretrial intervention may be approved.
- Second or subsequent offense: Misdemeanor, punishable by up to one year in prison, a fine of $200-$1,000, or both.
Offenders are eligible for a suspended sentence and probation, supervised furlough, community supervision, work release, good conduct credits and other rehabilitation and community supervision programs.
§ 44-53-375(A) – Less than one gram of methamphetamine or cocaine base
- The offense: Possessing less than one gram of methamphetamine or cocaine.
- Penalty: Misdemeanor, up to three years in prison, a fine of $5,000 or both, drug treatment and rehabilitation.
- Second offense: Felony, up to five years in prison, a fine of up to $7,500, or both.
- Third or subsequent offense: Felony, up to 10 years in prison, a fine of up to $12,500, or both.
Offenders are eligible for a suspended sentence and probation, supervised furlough, community supervision, work release, good conduct credits and other rehabilitation and community supervision programs.
§ 44-53-370(d)(4) – Fentanyl and fentanyl-related substances
- The offense: Possessing two grains of fentanyl or fentanyl-related substance
- Penalty: Felony, up to five years in prison, a fine of up to $5,000
- Second offense: Felony, up to seven years in prison, a fine of up to $7,500
- Third or subsequent offense: Felony, up to 15 years in prison, a fine of up to $10,000
Offenders with a first or second conviction are eligible for a suspended sentence and probation, supervised furlough, community supervision, work release, good conduct credits and other rehabilitation and community supervision programs.
Drug Possession and Constructive Possession in South Carolina
South Carolina drug possession laws apply in Greenville. S.C. Code § 44-53-370(c) prohibits knowingly or intentionally possessing a controlled substance without a lawful reason.
What if you didn’t know there were drugs? Can the state prove the charges against you?
That’s a great question – the answer is maybe. Possession means two things: you had drugs and you knew it. This can be shown by the drugs being on your person, like in your hand or your pocket. But many drug cases aren’t that simple. The drugs may be in your belongings or your vehicle. The police may say that you have constructive possession of the drugs.
What is constructive possession of drugs?
Constructive possession of drugs is having dominion and control, or the right of dominion and control over a drug, such that you are in possession even if the drugs aren’t directly on your person. Constructive possession can be shown by direct or indirect evidence, including when the drugs are found in your belongings or on your property.
If the state can’t prove that you knew the drugs were there, they may not be able to prove the case against you. Our Greenville drug possession lawyers can explain constructive possession and how it may apply to your case.
See State v. Heath, 635 S.E.2d 18 (S.C. 2006).
Defenses to Drug Possession Charges in Greenville, SC
Remember, being charged with drug possession doesn’t mean that you’re convicted already. You’re just accused. A charge alone is not a conviction, but it’s very important to defend yourself.
Examples of drug possession defenses
- Not in possession: The state must prove that you were in possession of the drugs, actually or constructively. Showing that the drugs were someone else’s or that you were truly unaware of them may be a defense.
- Identity of the drug: An element of drug possession is that the substance in question is an illegal drug. Law enforcement must prove the identity of the drug with scientific testing.
- Illegal search and seizure: If law enforcement violates your constitutional rights and conducts an improper search and seizure, the court may suppress the evidence, resulting in dismissal of the case.
- Entrapment: If the police encourage or induce you to commit drug possession, you may raise entrapment as a defense.
- Chain of custody/missing drugs: When the police seize evidence, they must safeguard it. Chain of custody errors or having drugs go missing from evidence lockers can unravel the case against you.
When you’re facing drug possession charges in South Carolina, there may be alternative ways to resolve your case, including:
- Pre-trial intervention: The pre-trial intervention program allows first-time, non-violent offenders to complete a program that ultimately results in dismissal of the charges. The offender must be likely to respond to treatment, and justice must be served by participation.
- Drug court: Greenville, SC has a drug court. Participants plead guilty and participate in an 18-month program that includes counseling and drug testing.
- Youthful offender: Defendants under the age of 25 may qualify for treatment as a youthful offender. An offender may receive one youthful offender sentence in their lifetime. The record may be expunged if the offender doesn’t receive additional convictions for a five-year period.
- Plea bargaining: A plea bargain may reduce the conviction and potential penalties to something less serious.
Responding to a drug possession charge requires careful consideration of several factors. It depends on the strength of the case against you, the charges you’re facing and potential penalties, your personal situation and your preferences. You have the right to a trial.
There isn’t one right way for everyone when it comes to drug possession charges. Determining the best defenses requires individual evaluation. As your Greenville drug possession lawyers, we can explain what the possibilities are and what you need to consider. Then, we advocate for you through each stage of your case.
Talk to a Lawyer for a Free Consultation
Get help with your drug possession charges in Greenville. Talk to a lawyer from Bannister, Wyatt, & Stalvey. We are full-service lawyers, and we can represent you throughout the case, especially at court appearances. We offer free consultations.
To talk to our firm and have a drug possession lawyer in Greenville on your case as early as today, contact us.
