Common Drug-Related Felony Charges in South Carolina (2025)

It is very serious to face drug charges in South Carolina, and felony charges are especially dangerous. While any criminal charge can affect your future, felony drug crime cases may come with significant imprisonment sentences, parole, high fines, and the potential for the loss of certain civil rights. It is important to understand the common drug-related felony charges in South Carolina and the potential penalties they bring.

Common Drug Offenses in South Carolina

The Federal Bureau of Investigation reported 29,084 drug abuse offense arrests in South Carolina in 2019, of which 1,375 were juvenile arrests. The State Law Enforcement Division (SLED) reported 49,444 drug offenses in the state in 2023, or a rate of 92.01 offenses per 10,000 inhabitants. These offenses include all drug and narcotics offenses, including possession, possession of paraphernalia, manufacturing, and distribution.

According to the SLED, 77% of drug offenses in the state were for possession in 2023. The use or consumption of controlled substances made up 5%, and 13% of drug offenses in South Carolina were distribution or sale.

Drug Possession Felony Offenses

Possession of a controlled substance is the offense of knowingly or purposefully possessing a controlled substance without a valid prescription. Several possession offenses are misdemeanors, including most first-time offenses. However, many possession charges are felonies, including:

• Second, third, or subsequent offense for possession of a Schedule I or Schedule II substance that is either a narcotic or lysergic acid diethylamide (LSD). A second offense results in up to five years imprisonment and/or fines up to $5,000. A third offense increases the fine up to $10,000.
• Second, third, or subsequent offense for possession of cocaine. A second offense leads to up to five years of imprisonment and/or up to $7,500 in fines. A third or subsequent offense results in up to 10 years and/or fines up to $12,500.
• Possession of more than two grains of fentanyl or related substances. Penalties for this offense range from up to five years to 15 years, and/or up to $5,000 to $10,000.

Drug Manufacturing or Distribution Felony Offenses

Penalties are more severe for the offense of manufacturing, delivering, dispensing, aiding, or purchasing a controlled substance or counterfeit controlled substances, or possessing substances with the intent of committing any of those offenses. Possessing larger amounts of a controlled substance is generally evidence of possession with intent to sell or distribute. There are several felony charges for these offenses, including:

• Committing any of these offenses with a Schedule I or Schedule II substance that is a narcotic or LSD. Penalties range from up to 15 years to a minimum of 10 to 30 years of imprisonment. Fines range from $25,000 to $50,000.
• Committing these offenses with a Schedule I, II, or III substance or with flunitrazepam. Imprisonment ranges from up to five years to a minimum of five years up to twenty years, and fines range between $5,000 and $20,000.
• A second-time charge of committing these offenses with any Schedule IV substance besides flunitrazepam. This offense results in up to five years of imprisonment and/or up to $6,000 in fines.

Drug Trafficking Felony Offenses

This is the offense of moving, manufacturing, selling, or committing other drug-related offenses with significant amounts of controlled substances. There are no misdemeanor trafficking offenses in South Carolina.

Marijuana trafficking offenses include:

• Trafficking 10 to under 100 pounds. Penalties range from a minimum of one year up to ten years of imprisonment, to a minimum of 25 years of imprisonment.
• Trafficking 100 to under 10,000 pounds. This offense has a required term of 25 years of imprisonment.
• Trafficking 10,000 or more pounds. A mandatory minimum term of 25 to 30 years of imprisonment.

These offenses also come with fines between $10,000 and $200,000.

Felony trafficking offenses also include offenses involving cocaine, heroin, LSD, methamphetamine, and other substances. Ten grams of cocaine and four grams of morphine or heroin are sufficient to be considered trafficking and can result in substantial felony penalties.

FAQs

What Is the Most Common Drug in Criminal Offenses in South Carolina?

Of the drug offenses in South Carolina, 50.9% of them involved marijuana or hashish, while 19.0% of them involved stimulants, according to the SLED. The agency also reported that 77% of drug offenses were possession. Possession of a very small amount of marijuana is one of the most minor drug offenses, but it should still be taken seriously. Even a misdemeanor conviction can have severe consequences on your life.

What Is a First Offense Drug Charge in South Carolina?

The penalties for a first offense drug charge in South Carolina depend on the type of offense being committed, the type of controlled substance, and the amount of substance. For example, a first offense that involves a Schedule I or Schedule II substance that is a narcotic or LSD results in up to 15 years of imprisonment and/or a fine of up to $25,000. A first offense involving a Schedule V substance can have up to one year imprisonment.

How Many Grams Is a Felony in South Carolina?

The number of grams of a controlled substance that results in a felony in South Carolina depends on the type of controlled substance involved in the offense. It is a felony to possess more than one gram of cocaine, 28 grams of marijuana, or 10 grams of hashish. Possession of less than 28 grams of marijuana or less than 10 grams of hashish is a misdemeanor. Each controlled substance comes with different limits and different penalties.

Why Should You Hire a Felony Drug Crime Lawyer?

You should hire a felony drug crime lawyer because these offenses can have significant effects on your freedom and your future, and the support of an attorney can limit or avoid these consequences. An attorney could fight for a mitigated charge or sentence or potentially prevent you from being convicted. Your lawyer knows the relevant defenses for your drug offense and which defense will benefit your situation. They can determine the ideal outcome for your case and fight for you.

Reach Out to the Law Office of Charles T. Brooks III Today

If you have been charged with a drug felony offense, you need to work with a skilled attorney to find a strategic defense and protect your future. Contact our firm today.