At the David W. Martin Law Group, our possession of marijuana and possession of cocaine attorneys in Rock Hill provide the criminal defense representation our clients need to pursue success inside and outside our South Carolina courtrooms because we know what a drug conviction can mean to their futures.
Our experienced criminal defense attorney in Rock Hill customizes our legal strategies to fit each of our client’s unique needs, including those who have previous drug crime convictions, so they can make informed decisions about how we proceed with their cases.
If you or a loved one has been arrested and charged with possession, possession with intent to distribute, distribution, or trafficking marijuana or cocaine, contact our experienced criminal defense lawyers in Fort Mill to schedule a free consultation to learn about your legal options today.
Has South Carolina Legalized Marijuana?
Marijuana is illegal in South Carolina, no matter how you possess it.
In fact, even if you are only caught with drug paraphernalia, like a pipe — even when it is empty — you can be charged with possession of the instrument or marijuana, based on the officer’s discretion. Some officers may even decide to charge you based on the drug residue that may remain on the bag or paraphernalia.
Simple possession charges may include having up to 28 grams of marijuana, and that or possession of drug paraphernalia may result in up to 30 days in jail and/or a fine of up to $200.
What is Possession with Intent to Distribute Marijuana in South Carolina?
The next charge above simple marijuana possession is possession with the intent to distribute.
That charge requires possession of marijuana that is more than one ounce, or 28 grams, but less than ten pounds.
Typically, distribution involves taking a large amount, measuring it into smaller quantities, and packaging it according to the new weight, so police officers will also look for signs that you were intending to sell the drug based on how it is packaged, such as additional baggies or a scale in your possession or near the drugs.
The penalties for possession of marijuana with intent to distribute in South Carolina include:
- Up to five years jail time, and/or fines up to $5,000 for a First Offense
- Up to ten years jail time, and/or fines up to $10,000 for a Second Offense
- Five to 20 years jail time, and/or fines up to $20,000 for a Third Offense
If you are facing possession with intent to distribute marijuana charges in South Carolina, contact our experienced Rock Hill criminal defense attorneys today to review your case and learn more about the evidence the solicitor’s office has to use against you, so we can design the best legal outcome for your unique circumstances today.
How is South Carolina Marijuana Trafficking Charges Different than Possession Charges?
In South Carolina, possession to distribute marijuana charges increase to trafficking charges as the weight of the drug increases. However, unlike possession with intent to distribute or distribution charges, a trafficking charge does not require proof of an intent to “traffic” the drugs, but instead is based entirely on the weight of the drugs found.
Possession of marijuana weighing 10-99 pounds results in the following penalties:
- Mandatory One and up to five years jail time, and fines up to $10,000 for a First Offense
- Mandatory Five and up to 20 years jail time, and fines up to $15,000 for a Second Offense
- Mandatory 25 years jail time, and fines up to $25,000 for a Third Offense
Possession of marijuana weighing over 99 pounds, whether it is your first offense or not, is a felony and is punished in the following increments:
- Mandatory 25 years jail time, and a fine of $25,000 for 100 – 1,999 pounds
- Mandatory 25 years jail time, and a fine of $50,000 for 2,000 – 9,999 pounds
- Mandatory 25 and up to 30 years and a fine of $200,000 for 10,000 pounds or more
If you have been charged with marijuana trafficking, contact our experienced drug crimes attorneys in Rock Hill to discuss your unique criminal defense needs today.
What are the Possession of Cocaine Penalties in South Carolina?
Drug charges are often established based on the amount found in your possession at the time of the arrest.
That is true for both marijuana and cocaine.
The penalties for the possession of cocaine up to one gram includes:
- Up to three years in jail, and/or a fine of up to $5,000 for a First Offense
- Up to five years in jail, and/or a fine of up to $7,500 for a Second Offense
- Up to 10 years in jail, and/or a fine of up to $12,500 for a Third or Subsequent Offense
More than one gram of cocaine upgrades the charge into a felony called possession with the intent to distribute and increases the penalties in South Carolina to:
- Up to 15 years of jail time, and/or fines up to $25,000 for a First Offense
- Five to 30 years jail time, and/or fines up to $50,000 for a Second Offense
- Mandatory 10 and up to 30 years jail time, and/or fines up to $50,000 for a Third or Subsequent Offense
If you have been arrested for possession or possession with the intent to distribute cocaine in South Carolina, do not attempt to face the solicitor’s office alone. Contact our skilled Rock Hill drug crimes attorneys today to learn more about your rights and the strategic legal defense we can build on your behalf, so you can face the court with confidence.
Is Cocaine Trafficking a Felony in South Carolina?
If you are caught in possession of ten grams or more of cocaine, you will be charged with drug trafficking in South Carolina, which is a felony offense.
Possession of ten to 28 grams of cocaine is considering trafficking in South Carolina and is punishable by:
- Mandatory Three and up to ten years jail time, and a fine of $25,000 for a First Offense
- Mandatory Five and up to 30 years jail time, and a fine of $50,000 for a Second Offense
- Mandatory 25 and up to 30 years jail time, and a fine of $50,000 for a Third or Subsequent Offense
Contact Our Rock Hill Drug Crimes Defense Attorneys at the David W. Martin Law Group for a Free Consultation Today
If you have been arrested for possession, possession with intent to distribute, or trafficking marijuana or cocaine in South Carolina, contact our experienced criminal defense attorneys in Rock Hill at the David W. Martin Law Group today by calling (803) 985-9200 to review your case with our experienced criminal defense attorney Fort Mill who are here to help you fully understand your charges and how we will build customized defense strategy for your unique case.