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Susan Williams

Fines, Penalties, Jail Time for SC Drug Charges

From Simple Possession to Manufacturing, from Marijuana to Heroin -- No matter the drug charge, there’s a possibility you will serve time in jail, if convicted. In addition to losing your freedom, your conviction means you’re also responsible for paying fines.

What a drug conviction could mean for your future:

Possession

All are in General Sessions Court except Simple Possession of Marijuana 1st.

Drug Fines* Jail Time
Poss. Marijuana 1st (under one oz.) $100-$200 0-30 days
Poss. Marijuana 2nd (under one oz) $200-$1,000 0-1 year
Poss. Cocaine 1st $0-$5,000 0-3 years
Poss. Cocaine 2nd $0-$7500 0-5 years
Poss. Cocaine 3rd $0-$12,500 0-10 years
Poss. LSD/Heroin 1st $0-$5,000 0-2 years
Poss. LSD/ Heroin 2nd $0-$5,000 0-5 years
Poss. LSD/ Heroin 3rd $0-$5,000 0-10 years
Poss. Crack/ Crank/ Meth 1st $0-$5,000 0-3 years
Poss. Crack/ Crank/ Meth 2nd $0-$7,500 0-5 years
Poss. Crack/ Crank/ Meth 3rd $0-$12,500 0-10 years
Poss. Marijuana (over 1 oz) 1st $0-$1,000 0-6 mos.
Poss. Marijuana (over 1 oz) 2nd $0-$2,000 0-1 year
Poss. Other (Schedule I-V) 1st $0-$1,000 0-6 mos.
Poss. Other (Schedule I-V) 2nd $0-$2,000 0-1 year

 

Possession with Intent to Distribute and Distribution (PWID)

All are in General Sessions Court

Drug Fines* Jail Time Notes
PWID Schedule I-III (Includes Marijuana) 1st $0-$5,000 0-5 years  
PWID Schedule I-III (Includes Marijuana) 2nd $0-$10,000 0-10 years  
PWID Schedule I-III (Includes Marijuana) 3rd $0-$20,000 5-20 years 85%; No suspended sentence or probation can be given, unless all prior convictions are only possessions.
PWID Cocaine/ LSD/ Heroin 1st $0-$25,000 0-15 years  
PWID Cocaine/LSD/Heroin  2nd $0-$50,000 5-30 years 85%; Serious
PWID Cocaine/ LSD/ Heroin 3rd $0-$50,000 10-30 years 85%; Serious; No suspended sentence or probation can be given, unless ALL prior convictions are only possessions.
PWID Crank/Meth 1st $0-$25,000 0-15 years  
PWID Crank/Meth 2nd $0-$50,000 5-30 years 85%; Serious
PWID Crank/ Meth 3rd $0-$50,000 10-30 years 85%; Serious; No suspended sentence or probation can be given, unless all prior convictions are only possessions.
PWID Crack 1st $0-$25,000 0-15 years  
PWID Crack 2nd $0-$50,000 5-30 years 85%; Serious
PWID Crack 3rd $0-$50,000 10-30 years 85%; Serious; No suspended sentence or probation can be given, unless all prior convictions are only possessions.

 

Trafficking

All of these offenses are violent, serious and no suspended sentence of probation can be given. They are also all in General Sessions Court.

Drug Amount of drug Fines* Jail Time Notes
Traff. Marijuana 1st 10-100 lbs $0-$10,000 1-10 years  
Traff. Marijuana 2nd 10-100 lbs $0-$15,000 5-20 years 85%
Traff. Marijuana 3rd 10-100 lbs $0- $25,000 25 years  
Traff. Cocaine 1st 10-28 grams $0-$25,0000 3-10 years  
Traff. Cocaine 2nd 10-28 grams $0-$50,000 5-30 years 85%
Traff. Cocaine 3rd 10-28 grams $0-$50,000 25-30 years 85%
Traff. Cocaine 1st 28-100 grams $0-$50,000 7-25 years 85%
Traff. Cocaine 2nd 28-100 grams $0-$50,000 7-30 years 85%
Traff. Cocaine 3rd 28-100 grams $0-$50,000 25-30 years 85%
Traff. Cocaine 100-200 grams $0-$50,000 25 years 85%
Traff. Cocaine 200-400 grams $0-$100,000 25 years 85%
Traff. Cocaine 400 or more grams $0-$200,000 25-30 years 85%
Traff. Meth/ Crank/ Crack 1st 10-28 grams $0-$25,000 3-10 years  
Traff. Meth/ Crank/ Crack 2nd 10-28 grams $0-$50,000 5-30 years 85%
Traff. Meth/ Crank/ Crack 3rd 10-28 grams $0-$50,000 25-30 years 85%
Traff. Meth/ Crank/ Crack 1st 28-100 grams $0-$50,000 7-25 years 85%
Traff. Meth/ Crank/ Crack 2nd 28-100 grams $0-$50,000 7-30 years 85%
Traff. Meth/ Crank/ Crack 3rd 28-100 grams $0-$50,000 25-30 years 85%
Traff. Meth/ Crank/ Crack 1st 100-200 grams $0-$50,000 25 years 85%
Traff. Meth/ Crank/ Crack 2nd 200-400 grams $0-$100,000 25 years 85%
Traff. Meth/ Crank/ Crack 3rd 400 or more grams $0-$100,000 25-30 years 85%
Traff. Heroin 1st 4-14 grams $0-$50,000 7-25 years 85%
Traff. Heroin 2nd 4-14 grams $0-$100,000 25 years 85%
Traff. Heroin 14-28 grams $0-$200,000 25 years 85%
Traff. Heroin 28 grams or more $0-$200,000 25-40 years 85%

 

Manufacturing

All are in General Sessions Court.

Drug Amount of Drug Fines* Jail Time Notes
Mfg. Ecstacy (MDMA) 1st 100-500 units $0-$20,000 3-10 years No suspended sentence or probation can be given
Mfg. Ecstacy (MDMA) 2nd 100-500 units $0-$40,000 5-30 years No suspended sentence or probation can be given; 85%
Mfg. Ecstacy (MDMA) 3rd 100-500 units $0-$50,000 25-30 years No suspended sentence or probation can be given; 85%
Mfg. Meth 1st
$0-$10,000 0-10 years Violent
Mfg. Meth 2nd   $0-$50,000 5-30 years Violent; 85%
Mfg. Meth 3rd   $0-$50,000 10-30 years Violent; No suspended sentence or probation can be given; 85%

 

* All fines are subject to additional court costs and fees. Click here for more information.

* The reference to “85%” means at least 85% of the prison term must be served. Violent and serious are categories in the statute that help calculate the prison term and have to do with the second/third strike law for life without parole in SC.

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Copyright 2019 Susan E. Williams, Summerville, SC, All Rights Reserved.