If you have been arrested in South Carolina, there is a big difference between a simple possession charge and possession with intent to distribute. A crime suggests you had drugs for personal use, while the other says you were planning to sell or share them.
That difference not only affects your record, but it can completely change your future. Let’s look at the differences between possession vs. intent to distribute, and how it can affect your case.
What Is Considered “Possession” in South Carolina?
Under South Carolina law, possession happens when you knowingly have a controlled substance under your control. The drugs do not have to be in your pocket or on your body. Instead, they can be easily accessible, such as in your car or a bag/purse. This is known as constructive possession.
The penalties depend on the drug and how much of it you have. For example, marijuana that is less than one ounce is a misdemeanor. That can result in a fine or short jail sentence for first-time offenders.
Cocaine, heroin, meth, or prescription drugs without a valid prescription can be felonies, even for small amounts. These charges have the potential for prison time and steep fines.
While possession is serious, there is a difference between using drugs and selling them. But once the police or prosecution decide you intended to distribute, everything changes.
What Does Intent to Distribute Mean?
Prosecutors do not have to catch you in the act of selling drugs to charge you with possession with intent to distribute. Instead, they look for circumstantial evidence that points to distribution.
Some red flags that can turn a possession case into an intent to distribute charge may include:
- Amount: South Carolina uses weight thresholds to assume intent. For example, more than one ounce of marijuana, more than one gram of cocaine, or more than one gram of meth can automatically trigger an intent to distribute charge.
- Packaging: If the drugs are divided into smaller baggies or containers, that suggests you may be selling rather than using.
- Paraphernalia: Digital scales, plastic baggies, or large amounts of cash can lead police to believe you are dealing.
- Communications: Texts, call logs, or messages about prices or exchanges, can be used as evidence of intent.
The appearance of dealing can be enough to upgrade your charge. And that upgrade can cost you years of your life.
How Can This Affect Your Case?
Distribution is a serious drug crime charge. Even a small amount over the legal threshold can move you from a misdemeanor to a felony. With a conviction, that means mandatory minimum prison time.
Here is an example: simple possession of marijuana (under one ounce) leads to a misdemeanor, up to 30 days in jail. However, possession with intent to distribute marijuana (over one ounce) is a felony, with up to 5 years in prison for a first offense. For other drugs, like cocaine or heroin, an intent to distribute conviction can lead to up to 15 years in prison, even for a first offense.
And that’s just the beginning. A conviction can also lead to loss of your driver’s license, difficulty finding work or housing, and problems with student loans or professional licensing.
Reach Out to Us to Assist with Your Criminal Case
The difference between possession and possession with intent to distribute is the line between a possible second chance and a felony record that follows you for life. If you’ve been charged, you need an experienced criminal defense lawyer on your side.
At Truslow & Truslow PA, we will review the evidence and fight to get your charges reduced or dismissed. When the case borders on possession or intent to distribute, every detail counts, and your future depends on how it’s handled. Schedule a consultation today.