Greenville Drug Crime Defense Attorney

Drug and narcotic charges typically carry severe penalties and fines, so it is important to hire a knowledgeable Greenville criminal defense attorney to educate and advocate for you. The lawyers at Bannister, Wyatt & Stalvey, LLC are well-versed in creating successful, sound criminal defenses for all types of drug charges, including high-profile drug crimes.

Don’t face a drug charge alone. Work with a Greenville drug crime defense attorney at Bannister, Wyatt & Stalvey, LLC. Fight your drug charges with the help of an experienced attorney and aggressive legal team.

Drug charges typically carry severe penalties and fines. It’s important to address the charges directly and thoroughly. The lawyers at Bannister, Wyatt & Stalvey create strategic defense strategies for all types of drug charges. Talk to our attorneys today about your drug crime charges in Greenville, South Carolina.

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Criminal Defense Attorney for Drug Charges in South Carolina

Our Greenville SC drug crime defense attorneys can represent you in any drug charge that you are facing, including:

  • Drug possession
  • Sale (sell or purchase)
  • Delivery, intent to deliver
  • Drug trafficking
  • Conspiracy, aiding, abetting
  • Manufacturing
  • Distribution, transfer, dispensing
  • Obtaining by fraud or misrepresentation

A drug, analogue or counterfeit controlled substance.

Drug Crimes We Handle

  • Cocaine
  • Heroin
  • Marijuana, cannabis
  • LSD, mushrooms, hallucinogens
  • Prescription medication violations
  • Depressants, benzos
  • GHB
  • Vicodin, oxycontin
  • Fentanyl, synthetics
  • Methamphetamine
  • Anabolic steroids
  • Other controlled substances, All Schedule I-V drugs

Whatever charges you are facing, we are an experienced team of attorneys who can help you aggressively defend against the charges.

Understanding Drug Charges and the South Carolina Drug Schedules

Drugs are substances that:

  • Prevent, treat or lessen disease
  • Affect the structure or function of the body, other than food
  • Are components of controlled substances, other than parts or accessories

S.C. Code § 44-53-110(19).

What is a controlled substance?

A controlled substance is a drug that the laws limit access to. Laws control who can possess, manufacture or distribute controlled substances and in what circumstances.

What are drug schedules?

Drug schedules are official lists that classify controlled substances into various categories. The schedules range from I to V. Schedule 1 drugs have the highest potential for abuse and the highest risk to public health. Schedule V drugs carry the least risk for misuse.

S.C. Code § 44-53-110(6).

Who creates the drug schedules for South Carolina?

The South Carolina Department of Health and Environmental Control and the General Assembly each play an important role in creating the drug schedules. When the General Assembly is not in session, the Department may reschedule substances following notice and a hearing. While the General Assembly is in session, the department makes recommendations for changes to the schedules of drugs.

S.C. Code § 44-53-160(A)-(B).

What is the South Carolina schedule of controlled substances?

The South Carolina Controlled Substance Schedule contains drugs in schedules I-V.

Controlled Substances Crimes Defined – List of Offenses

South Carolina drug laws are found in South Carolina Code of Laws Title 44 – Health, Chapter 53 – Poisons, Drugs, and other Controlled Substances, S.C. Code § 44-53-10 et. seq.

S.C. Code § 44-53-370(a)-(b) – Prohibited Acts A, drug manufacturing and distributing

It is unlawful to do the following with respect to a controlled substance:

  • Manufacture
  • Distribute or dispense
  • Deliver
  • Purchase
  • Aid, abet, attempt or conspire to do any of the above acts
  • Possess with intent to do any of the above acts
  • Do any of the above acts with regard to a controlled substance analogue or a counterfeit substance

Penalties

Schedule I (B) and (C) narcotics and Schedule II narcotics:

  • First offense – Felony, up to 15 years in prison and a fine of up to $25,000
  • Second offense – Felony, 5-30 years in prison and a fine of up to $50,000
  • Third offense – Felony, 10-30 years in prison and a fine of up to $50,000

Schedule I, II and II, flunitrazepam or controlled substance analog:

  • First offense – Felony, up to five years in prison and a fine of up to $5,000
  • Second offense – Felony, up to 10 years in prison and a fine of up to $10,000
  • Third offense – Felony, 5-20 years in prison and a fine of up to $20,000

Schedule IV, other than flunitrazepam:

  • First offense – Misdemeanor, up to three years in prison and a fine of up to $3,000
  • Second or subsequent offense – Felony, up to five years in prison and a fine of up to $6,000

Schedule V:

  • First offense – Misdemeanor, up to one year in jail and a fine of $1,000
  • Second or subsequent offense – Sentence must be twice the first offense

For all schedules – parole, suspended and alternative sentencing

For a first or second offense, a suspended sentence is possible. The court may grant parole, supervised furlough, community supervision, work release and credit for good behavior. For a third offense, alternative sentences are possible if prior offenses were for possession. Otherwise, a sentence may not be suspended.

S.C. Code § 44-53-370(c)-(d) – Prohibited Acts A, drug possession

It is unlawful to possess a controlled substance knowingly or intentionally. It is a defense to have a valid prescription or be acting in the scope of professional practice.

Penalties

Schedule I (B) and (C) narcotics and Schedule II narcotics:

  • First offense – Misdemeanor, up to two years in prison and a fine of up to $5,000
  • Second offense – Felony, up to five years in prison and a fine of up to $5,000
  • Third or subsequent offense – Felony, up to five years in prison and a fine of up to $10,000

The court may approve alternative sentencing including parole, supervised furlough, community supervision and credit for good behavior.

Schedules I-V, other:

  • First offense – Misdemeanor, up to six months in jail and a fine of up to $1,000
  • Second or subsequent offenses – Misdemeanor, up to one year in jail and a fine of up to $2,000

Cocaine:

  • First offense – Misdemeanor, up to three years in prison and a fine of up to $5,000. The court may order drug treatment and rehabilitation
  • Second offense – Felony, up to five years in prison and a fine of up to $7,500
  • Third or subsequent offense – Felony, up to 10 years in prison and a fine of up to $12,500

For all (c) offenses – parole, suspended and alternative sentencing

The court may approve alternative sentencing including parole, supervised furlough, community supervision and credit for good behavior.

Certain amounts of cocaine, opium, morphine, heroin, isonipecaine, marijuana, hashish, LSD, MDMA and other substances

Possession of certain amounts of controlled substances is prima facie evidence of intent to distribute drugs in violation of S.C. Code § 44-53-370(a).

Marijuana offenses

Possession of a small amount of marijuana or hashish is punishable by not more than 30 days in jail and a fine of $100-$200. Conditional discharge may be approved. Pretrial intervention programs are permitted for minor marijuana offenses.

For a second or subsequent minor marijuana offense, the penalty is a misdemeanor punishable by up to one year in jail and a fine of $200-$1,000.

Note: South Carolina law criminalizes trafficking in marijuana. The potential penalties for marijuana trafficking depend on the quantity involved and whether the offender has a prior offense history.

Bail

For controlled substance possession charges, bail may not exceed the potential fine.

S.C. Code § 44-53-370(e) – Drug trafficking

It is unlawful to knowingly sell, manufacture, cultivate, deliver or conspire to do the same, large amounts of controlled substances. The amount required for a drug trafficking charge and the potential penalties depend on the substance involved and the criminal history of the offender.

Penalties

For a first offense:

  • Marijuana – 1-10 years in prison and a $10,000 fine. Larger amounts may carry a mandatory 25 years in prison and a fine of up to $200,000
  • Cocaine – 3-10 years in prison and a fine of $25,000
  • Opium, morphine, heroin and isomers – 7-25 years in prison and a fine of $50,000
  • LSD – 3-10 years in prison and a fine of $20,000
  • Flunitrazepam (roofies) – 1-10 years in prison and a fine of $10,000
  • MDMA/ecstasy – 3-10 years in prison and a $20,000 fine

These are the penalties for the smallest quantities involved when the offender doesn’t have a prior criminal history. When the offender has a prior history, and when quantities involved increase, potential penalties quickly escalate for all types of substances.

S.C. Code § 44-53-380 – Prohibited Acts B, pharmacological prescription offenses

  • 44-53-380 applies to pharmacists and lawful drug manufacturers.

It is unlawful for a licensed pharmacist or drug manufacturer to:

  • Distribute without a prescription
  • Manufacture or distribute without authorization
  • Omit or alter a required symbol on a drug
  • Fail to furnish records
  • Refuse an inspection
  • Store substances illegally
  • Fail to register

With regards to a controlled substance.

Penalties

  • Civil fine of up to $1,000 for an individual, up to $100,000 for a corporation
  • For knowing or intentional violations, up to five years in jail and a fine of up to $10,000

S.C. Code § 44-53-390 – Prohibited Acts C, pharmacological handling of controlled substances

  • 44-53-390 applies to pharmacological handling of controlled substances.

It is unlawful to:

  • Distribute, as a pharmacist or licensed manufacturer, a Schedule I or II drug without a proper order form
  • Use a false registration number to manufacture or distribute a controlled substance
  • Acquire a controlled substance by fraud or deception
  • Use false information or material omissions in controlled substances documentation
  • Make or possess an instrument to make an identifying mark of another drug manufacturer or distributor

Penalties

  • For an individual, a felony, punishable by up to five years in prison and a fine of up to $10,000
  • For a corporation, a civil penalty of up to $100,000

S.C. Code § 44-53-577 – Solicit minor to conduct a drug transaction

It is unlawful for a person over 17 to:

  • Use, solicit or otherwise employ a person under 17 to violate controlled substance laws.
  • Receive a controlled substance from a person under 17
  • Conspire to use or solicit a person under 17 to violate controlled substances laws

Penalties

A felony, punishable by 5-15 years in prison. A violation of § 44-53-577 is a separate offense in addition to any drug charges that may otherwise be authorized.

S.C. Code § 44-53-395 – Prescription form and prescription acquisition violations

It is unlawful to:

  • Issue a blank prescription document
  • Possess a blank prescription if you are not a registered practitioner
  • Fail to tell your doctor if you’re getting similar prescriptions from another practitioner

Penalties

  • First offense – Misdemeanor, up to two years in prison and a fine of up to $2,000
  • Second or subsequent offense – Felony, up to five years in prison

S.C. Code § 44-53-40 – Obtaining drugs by fraud or deceit

It is unlawful to obtain or attempt to obtain a drug by:

  • Fraud, deceit, misrepresentation
  • Forgery, alteration, falsification
  • Use of a false name or false information
  • Concealment

There must be clear and convincing proof that the person would not have obtained the drug but for the fraudulent or otherwise prohibited act.

Penalties

  • First offense – Misdemeanor, up to two years imprisonment and a fine of up to $500
  • Second or subsequent offense – Felony, up to five years in prison and a fine of up to $2,000

S.C. Code § 44-53-1680 – Prescription monitoring program violations

It is unlawful for:

  • A dispenser to fail to submit prescription monitoring information
    • Penalty – Misdemeanor, up to two years in prison and a fine of up to $2,000
  • A person to knowingly disclose prescription monitoring information
    • Penalty – Felony, up to 10 years in prison and a fine of up to $10,000
  • A person to knowingly use prescription monitoring information for a prohibited purpose
    • Penalty – Up to 10 years in prison and a fine of up to $10,000
  • A pharmacist or practitioner to knowingly disclose prescription monitoring information in a prohibited manner
    • Penalty – Reporting to the appropriate licensing board for disciplinary action

A pharmacist or practitioner who requests or receives information from the prescription monitoring program in good faith is immune from criminal, civil and administrative liability.

S.C. Code § 44-53-445 – Distribution of a controlled substance within proximinality of a school

It is against the law to distribute or possess with intent to distribute a controlled substance within a half mile of a school.

A school includes:

  • Elementary, middle and high schools
  • Public and private schools
  • Public playgrounds and parks
  • Vocational, trade and technical centers
  • Colleges and universities

To be guilty, an offender must know that they are near the school or public park.

Penalties

A violation of § 44-53-445 is a felony punishable by up to 10 years in prison and a fine of up to $10,000. When the offense involves only the purchase of a controlled substance, it is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000.

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Proving a Drug Crime

When you’re facing a drug crime, you have important rights. Your rights include:

  • Having the state prove the charges against you
  • Conducting a trial on the merits of the charges against you
  • Seeking pretrial release as allowed by law
  • Calling witnesses on your own behalf
  • Testifying in your defense
  • Having an attorney of your choice to represent you

Your rights are important. Our law firm can help you exercise them effectively. Your defense starts right away. Contact us as soon as possible. We will assist you with each step in your case.

Defending and Fighting Drug Charges

Some defenses you may use to fight drug charges are:

  • Challenging the intent requirements of the charges. Many drug charges require intent and knowing behavior on the part of the defendant. The state must prove a level of intent that is specific to the offense. When it applies, it is an element of the offense. Without it, the state hasn’t proven their case.
  • Contesting an analysis report. Typically, drugs are tested by law enforcement officials. The purpose of testing is to verify what the substances are. These tests must be done under controlled conditions, following protocol. Errors in the testing process may call the results into question.
  • Questioning the chain of custody. When drugs are seized, the police must keep them secure and accounted for. Mistakes in the chain of custody process can make the police case unreliable.
  • Refuting the elements. The state must prove whatever is alleged whether it is possession, intent to distribute or another action. The person charged may challenge any element of what they are accused of.
  • Constitutional violations. Sometimes, in their eagerness to file drug charges, the police violate a person’s constitutional rights. If they stop you illegally or conduct an unlawful search, the evidence against you may be thrown out. Our lawyers evaluate your case for potential constitutional violations. We can raise constitutional issues as appropriate in your case.
  • Admissibility of evidence. Rules of evidence apply in any criminal proceeding. The state must lawfully enter evidence into the court record and follow legal procedures. As your attorneys, we aggressively challenge the admission of evidence in your case.

As your attorneys, we work to aggressively build and present your defenses.

Request a Consultation About Your Drug Charge

Are you facing drug charges? Talk to a Greenville drug crime defense attorney today. The Bannister, Wyatt & Stalvey team is currently taking new cases. Contact us for a confidential consultation. We can start representing you right away.

Why Choose Bannister, Wyatt & Stalvey Law Firm?

With the experience to address complex family law, criminal defense, and real estate matters, our knowledgeable team of attorneys are here to advocate for you. We operate our law offices on three main principles:

Trust.

We strive to establish personal trust with each and every client.

Integrity

We operate with the utmost integrity when dealing with clients and the legal community.

Excellence

We commit to excellence in all aspects of the legal profession.

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