Many people may not think of South Carolina when they think of cocaine sales, possession or drug trafficking, but the ‘low country’ has been a popular place to get high for some time. South Carolina authorities crack down heavily on cocaine possession and sale so it’s a good idea to be aware of what exactly will get you into trouble, and what the possible penalties may be. Here are the basics of South Carolina cocaine laws as outlined by SC law and the South Carolina Controlled Substances Act.
South Carolina State Cocaine Laws
As a Schedule I narcotic, cocaine possession, sale, and trafficking is illegal in every state, though the specifics of cocaine laws may vary. As a felony crime in South Carolina, cocaine trafficking could mean up to 30 years in prison and a $200,000 fine.
Cocaine Statutes in South Carolina
The chart below highlights some of South Carolina’s cocaine laws.
|Code Section||South Carolina Code of Laws 44-53-110: Narcotics and Controlled Substances|
|Possession||Misdemeanor, up to 2 yrs. and/or $5000; Possession of 10 g. of cocaine prima facie evidence of violation of intent to sell; Subsequent offense: felony, 5 yrs. and/or $5000; Third offense: felony, 5 yrs. and/or $10,000 For crack: less than 1 g.: felony, 5 yrs. and $5000; 2nd offense: 10 yrs. and $10,000; Subsequent offense: 10-115 yrs. and $15,000; Possession of over 10 grains is prima facie evidence of intent to sell/distribute|
|Sale||Any amount: felony, up to 15 yrs. and/or $25,000; 10-28 g.: 3-10 yrs. and/or $10,000; 28-200 g.: 7-25 yrs. and/or $50,000; 200-400 g.: 10-25 yrs. and/or $100,000; Over 400 g.: 15-30 yrs. and/or $200,000; Subsequent offense: felony, 5-30 yrs. and/or $50,000; Third offense: 15-30 yrs. and/or $50,000; For crack: felony, up to 15 yrs. and $25,000; 2nd offense: up to 25 yrs. and $50,000; Subsequent offense: up to 30 yrs.and $100,000 Sale to minor: up to 20 yrs. and/or $30,000; Sale within ?-mile radius of school: $10,000 and up to 10 yrs. (10-15 for crack)|
|Trafficking||10-28 g.: 3-10 yrs. without probation and $25,000; 2nd offense: 5-30 yrs. and $50,000; Subsequent offense: 25-30 yrs. and $50,000; 28-100 g.: 7-25 yrs. without probation and $50,000; 2nd offense: 7-30 yrs. and $50,000; Subsequent offense: 25-30 yrs. and $50,000; 100-200 g.: mandatory 25 yrs. without probation and $50,000; 200-400 g.: mandatory 25 yrs. without probation and $100,000; 400 g. and over: mandatory 25-30 yrs. without probation and $200,000|
Along with South Carolina’s state cocaine laws federal narcotics laws also prohibit cocaine possession, manufacturing and cultivation, and trafficking and distribution and penalties for cocaine possession or sale across state lines can be severe. That said, some states have set up specialized “drug courts” as an alternative to long prison sentences. The state’s Addiction Recovery Services runs Drug Courts in South Carolina.
Contact Our SC Cocaine Possession Lawyers
State drug laws can be complicated, and drug convictions and addiction are serious issues. If you or someone you know might have a drug or substance abuse problem, South Carolina’s Department of Alcohol and Other Drug Abuse Services has resources that can help. For more articles and resources on this topic you can also visit FindLaw’s Drug Charges section. If you would like legal assistance regarding a drug matter, you can contact a South Carolina drug crime attorney.