Written by Susan E. Williams, South Carolina Criminal Defense Attorney
Last reviewed: July 2015
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.
About Susan E. Williams
Susan E. Williams is a South Carolina criminal defense attorney who represents clients facing criminal charges throughout the Lowcountry.
She handles matters involving DUI, domestic violence, drug charges, assault and battery, traffic offenses, and other criminal cases in South Carolina.
Learn more about Susan E. Williams
Written and reviewed by Susan E. Williams, South Carolina Criminal Defense Attorney
Last reviewed: July 2015
This article provides general information about South Carolina law and is not legal advice. Reading this article or contacting the Law Office of Susan E. Williams does not create an attorney-client relationship. The law and the options available depend on the specific facts and circumstances of each case.
