If you’ve been charged with a drug offense in South Carolina, you’re probably trying to figure out what to do next. And when you hear drug trafficking charges in South Carolina, you are thinking the worst.
In some cases, the amount of drugs allegedly involved can be enough to result in a trafficking charge, even if you’re not accused of selling drugs. Here is how weight thresholds can change everything.
What Is Drug Trafficking in South Carolina?
South Carolina’s drug trafficking laws are under S.C. Code §§ 44-53-370 and 44-53-375. In these cases, prosecutors do not have to prove that you were selling drugs across state lines or operating some elaborate drug business.
Depending on the substance involved, trafficking can be based on conduct such as knowingly selling, manufacturing, delivering, purchasing, bringing drugs into the state, or possessing certain quantities.
You can find yourself facing a trafficking charge based largely on the alleged quantity of drugs involved.
Do a Few Grams Make a Big Difference?
South Carolina’s trafficking laws have different thresholds for different drugs. For example, under South Carolina law, trafficking in cocaine begins at 10 grams. Just for a first offense, you could expect:
- 10 to less than 28 grams: 3 to 10 years in prison
- 28 to less than 100 grams: 7 to 25 years
- 100 to less than 200 grams: 25 years
- 200 to less than 400 grams: 25 years
- 400 grams or more: 25 to 30 years
These offenses also carry substantial fines. A small difference in the alleged weight can move a case into a substantially different sentencing range.
Fentanyl Has Serious Thresholds
Fentanyl is another example of how quickly a drug case can become extremely serious. South Carolina has a fentanyl-specific trafficking provision, and trafficking begins at 4 grams of fentanyl or a fentanyl-related substance. For a first offense, the penalties increase as the amount increases:
- 4 to less than 14 grams: 7 to 25 years for a first offense
- 14 to less than 28 grams: 25 years
- 28 grams or more: 25 to 40 years
These fentanyl trafficking offenses carry mandatory prison terms and significant fines.
Methamphetamine Has Weight Thresholds
Methamphetamine is a separate trafficking provision in South Carolina law. With that, trafficking begins at 10 grams.
A first offense involving 10 to less than 28 grams carries 3 to 10 years in prison. At 28 grams, the potential sentence increases to 7 to 25 years.
Once again, the alleged weight can determine where your case falls on the sentencing scale. Depending on the statute, that weight may include a mixture or substance containing the controlled drug, not only the drug in pure form.
Marijuana Is Not a Minor Drug Charge
Sometimes, people assume marijuana-related charges are treated less seriously than other drug offenses. South Carolina’s trafficking law sets weight thresholds for marijuana as well. Trafficking begins at 10 pounds.
With that, a first offense involving 10 to less than 100 pounds can carry 1 to 10 years in prison and a $10,000 fine. Larger quantities can result in higher penalties, including mandatory prison sentences.
Does the Weight Automatically Prove Trafficking?
Being arrested for trafficking does not mean you have been convicted of the offense. These cases center on a few questions, such as:
- How the drugs were discovered
- Who possessed them
- Whether you knew they were there
- How the substance was tested
- How the alleged weight was determined
- How the alleged drugs were discovered
For example, if police discovered drugs during a traffic stop or vehicle search, the circumstances leading up to that search may become extremely important. If evidence was obtained in violation of someone’s constitutional rights, that can potentially affect whether the evidence can be used in court.
What Should You Do If You’re Facing a Trafficking Charge?
If you’re facing a drug trafficking charge in South Carolina, you should never assume that it is an open-and-shut case because of a certain amount of drugs.
Trafficking charges can carry life-changing consequences, and the difference between two weight thresholds can be enormous.
At Truslow & Truslow PA, we can examine the evidence, including the alleged weight, laboratory testing, the circumstances of the search and seizure, and the prosecution’s evidence of possession. That’s an important first step in protecting your rights. Reach out today to schedule a consultation.