When someone in South Carolina is charged with a drug crime, there is one detail that becomes the turning point in the entire case: Were you in possession, or were you accused of having the intent to distribute?
Possession vs. intent. That can be the difference between a shorter sentence and a decade added to your life. Unfortunately, this distinction comes down to interpretation, circumstances, and how the prosecution frames the evidence.
Here is how one detail can add 10 years to your South Carolina drug case.
What Is Possession in South Carolina?
A possession charge means law enforcement believes the drugs were for personal use. The situation is still serious, but the penalties are lower, especially for first-time offenders.
Depending on the substance, a simple possession conviction in South Carolina might lead to:
- Fines
- A short jail sentence
- Mandatory drug treatment
- Probation
While no one wants those consequences, simple possession is the least damaging drug charge someone can face.
Unfortunately, officers and prosecutors do not always leave the charge as simple.
What Is Intent to Distribute?
A charge for possession with intent to distribute (PWID) is extremely serious. It can carry heavier penalties. Many times, it adds years to your sentence depending on the drug and amount. Many people think that you have to be caught selling drugs, but that is not always the case.
There does not have to be:
- A recorded sale
- Cash exchanged
- Text messages about selling
- Surveillance footage
- Controlled buys
The prosecution only needs to argue that certain circumstances suggest you intended to distribute.
How South Carolina Decides Intent
South Carolina allows prosecutors to infer intent from a few details. These factors that push a case from possession to PWID include:
The Amount of the Drug
South Carolina law has threshold amounts that automatically create a presumption of intent. If you are above that threshold, the state can upgrade the charge.
How the Drug Is Packaged
If you have multiple baggies or a large bag, that can be twisted into an argument for distribution or noted as drug paraphernalia.
Items Found Nearby
Even non-drug items can be used to bump up the charge to intent to distribute. Police point to things like:
- Scales
- Cash
- Small baggies
- Ledgers
- Empty containers
Many of these items have non-criminal uses. For example, you might have extra cash from payday. However, under the law, those things get weaponized quickly.
Associations or Locations
If you are in the wrong place at the wrong time, the state may argue you were involved in distribution because you were present.
A simple possession case can turn into a multi-year felony based on assumptions more than facts.
Fighting These Charges
One of the biggest advantages a defense attorney has in a PWID case is that intent is not a fact. It is just an assumption made by the state. A South Carolina criminal defense attorney can:
- Challenge how the police handled the search and seizure
- Question the accuracy of drug weights
- Push back on claims about packaging or surrounding items
- Identify procedural violations
- Suppress statements taken improperly
- Highlight innocent explanations for what the police found
Your lawyer can challenge the evidence and give a reasonable explanation that puts doubt on the rest of your case.
This Charge Has the Power to Change Your Life
Possession vs. intent is one charge that can add 10 years to your sentence. If you are facing a drug charge in South Carolina, the details matter. One assumption or one ounce over a threshold can change the entire path of a case.
At Truslow & Truslow, PA, we know how aggressively the state pursues intent charges. Our team knows how to counter them with strategy and precision. Schedule a consultation to learn more about your options.