Drug trafficking charges in SC may not mean what you think – many people are surprised when they are charged with drug trafficking because 1) they are not accused of crossing state lines with the drugs and 2) they didn’t have that much drugs on them when they were arrested…
If you think “narco-traffickers smuggling tons of cocaine into the country across the southern border” when you hear “drug trafficking,” you are right. That is drug trafficking, although those cases will be prosecuted in federal courts instead of state courts.
In SC state court, however, a person can be charged with “drug trafficking” based solely on the weight of the drugs they are accused of possessing (or selling or manufacturing). There is no requirement that a person cross state lines or bring the drugs into the country, and the threshold requirements for weight are much lower than you might think.
In this article, we will cover the basics of drug trafficking charges in SC, including:
- The definitions of drug trafficking under SC law,
- The different ways that a person can be charged with drug trafficking,
- The threshold weights for trafficking based on the type of drugs involved, and
- The potential penalties for drug trafficking charges in SC.
What is Drug Trafficking in SC?
SC Code Section 44-53-370(e) defines drug trafficking as:
Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of [the threshold weight for each type of controlled substance] …
This means that drug trafficking charges are always based on the alleged weight of the drugs involved, but there are different theories under which the state can charge a person with trafficking, including:
- Distribution,
- Manufacturing,
- Cultivation,
- Delivery,
- Purchase of the drugs,
- Bringing drugs into the state,
- Possession,
- Constructive possession,
- Attempt to possess (actual or constructive), or
- Aiding, abetting, or conspiring to sell, manufacture, cultivate, deliver, purchase, or bring drugs into the state.
Different Types of Drug Trafficking Charges in SC
The most common theories used by the state to charge drug trafficking include possession, distribution, manufacturing, or conspiracy:
Possession: Most drug trafficking charges in SC are based on actual or constructive possession of drugs that are found on a person, in their vehicle, or in their residence. But for the weight of the drugs, the person would have been charged with simple possession or possession with intent to distribute.
Distribution: When a person is targeted with controlled buys, narcotics officers will send an informant (or an agent) to make drug buys. They will often make controlled buys on two or three occasions before returning with 1) arrest warrants for distribution and 2) a search warrant for the residence. If the drugs sold or the drugs found in the residence weigh more than the threshold amount, the person is then charged with trafficking instead of or in addition to distribution.
Manufacturing: When a person is charged with manufacturing drugs, they could also be charged with trafficking based on the weight of the drugs that were manufactured or based on the weight of additional drugs that are found in the person’s residence.
Conspiracy: When the state can prove that you and at least one other person agreed to commit a crime (for example, a recorded phone call where you ask your friend to go pick up a kilo of cocaine for you), you can be charged with trafficking even if you never touched or saw the drugs, and even if the drug deal was never completed.
Threshold Weights and Potential Penalties for Drug Trafficking Charges Based on the Drug Type
Although you can find the threshold weights and penalties listed for every type of controlled substance in § 44-53-370, I’ll cover the more common trafficking charges below. There are “tiers” within the trafficking charges for each type of controlled substance, with the potential penalties increasing based on the weight of the drugs found.
For each type of controlled substance, if the drug weight is less than the lowest threshold amount, the person should be charged with possession with intent to distribute, possession, distribution, or manufacturing instead of trafficking.
Trafficking in Marijuana
1-100 pounds:
- First offense – one to ten years in prison
- Second offense – five to twenty years in prison
- Third offense – 25 years in prison
100-2000 pounds: 25 years in prison.
2000-10,000 pounds: 25 years in prison.
10,000 or more pounds: 25-30 years in prison.
Trafficking in Cocaine or Meth
10-28 grams:
- First offense – three to ten years in prison
- Second offense – five to twenty years in prison
- Third offense – 25 to 30 years in prison
28-100 grams:
- First offense – seven to twenty-five years in prison
- Second offense – seven to thirty years in prison
- Third offense – 25 to 30 years in prison
100-200 grams: 25 years in prison.
200-400 grams: 25 years in prison.
400 grams or more: 25-30 years in prison
Trafficking in Heroin or Fentanyl
4-14 grams:
- First offense – seven to twenty-five years in prison
- Second offense – 25 years in prison
14-28 grams: 25 years in prison.
28 grams or more: 25 to 40 years in prison.
Drug Trafficking Lawyers in Columbia, SC, and Myrtle Beach, SC
The criminal defense attorneys at the Thompson & Hiller Defense Firm focus exclusively on criminal defense cases in SC including drug crimes, traffic stops, and motions to suppress evidence. We have obtained dismissals, pre-trial diversion resulting in dismissals, or acquittals following trial in hundreds of criminal cases, and we have a record of proven results.
If you have been charged with a crime in SC or if you think you may be under investigation, call us now at 843-444-6122 or contact us through our website for a free initial consultation to find out if we can help.
