Complete List of Charges for Crack Cocaine in SC

Crack cocaine charges in SC include possession, possession with intent to distribute, distribution, manufacturing, and trafficking crack cocaine. 

In this article you will learn:

• whether there is a difference between powder cocaine and crack cocaine charges in SC, 
• the different types of crack cocaine charges under SC law, and 
• what the potential penalties are for the types of crack cocaine charges in SC. 

What’s the Difference Between Powder Cocaine and Crack Cocaine Charges in SC? 

There is a difference between powder cocaine and crack, although the penalties are now identical under SC state laws. 

What is Crack Cocaine? 

Crack cocaine, also referred to as “cocaine base,” is defined in SC Code Section 44-53-110(9):

(9) “Cocaine base” means an alkaloidal cocaine or freebase form of cocaine, which is the end product of a chemical alteration whereby the cocaine in salt form is converted to a form suitable for smoking. Cocaine base is commonly referred to as “rock” or “crack cocaine.”

Powder cocaine is typically used by snorting or by intravenous injection, but it cannot be smoked. In order to smoke cocaine, it must be “cooked” into “crack rocks” using water and baking soda, a process that results in smokable “cocaine base.” 

When smoked, crack cocaine takes less time to reach the brain, its effects do not last as long as powder cocaine, and it is more psychologically addictive than powder cocaine – resulting in crack cocaine’s association with violence and other criminal activity as a result of the user’s need to support their habit.

Is There a Difference Between Powder Cocaine and Crack Cocaine Charges in SC? 

Although the potential penalties for powder cocaine and crack cocaine charges in SC are largely the same, police and prosecutors still tend to treat crack cocaine charges more harshly than powder cocaine. 

Why?

According to Justice.gov, “crack cocaine is the drug most often associated with violent crime throughout the state,” and SC law enforcement authorities have cited “violent crime associated with cocaine trafficking and abuse as the most serious criminal threat to the state.” 

Crack cocaine “is the drug of choice in lower-income and high-crime areas such as public housing projects,” and is associated with “many crimes, including burglary, robbery, and firearm violations.” 

What are the Penalties for Crack Cocaine Charges in SC?

The penalties for crack cocaine charges in SC range from up to three years for a first-offense possession charge to as much as 30 years in prison for the highest-level trafficking charges. 

Possession of Crack Cocaine 

You can be charged with Possession of Crack Cocaine in SC if you were either 1) in actual possession of crack cocaine, or 2) in constructive possession of crack cocaine. 

Actual possession means that the drugs were found on your person – in your hand, in your pocket, or concealed in your clothing, for example.

Constructive possession means that you had both 1) knowledge and 2) dominion and control over the drugs.

For example:

If the crack cocaine was not on your person but it was in your car, your residence, or even lying on the ground next to you, you could still be convicted of possession if the state can prove both 1) you knew it was there, and 2) you had the “right to control its disposition” (it belonged to you).

Possession of crack cocaine charges in SC means that a person had less than one gram of crack cocaine. 

SC Code Section 44-53-375(A) contains the penalties for possession of crack cocaine in SC:

Possession with Intent to Distribute Crack Cocaine

When the drug weight is one gram or more, possession of crack cocaine is usually charged as Possession With Intent to Distribute, or PWID Crack Cocaine. 

Possession of one or more grams is “prima facie” evidence of PWID crack cocaine charges in SC, which means it creates an inference that you possessed the drug with the intent to distribute it. 

Evidence of “intent to sell” that the court or jurors can take into consideration include:

• The amount of the drug found;
• Whether the crack cocaine was packaged for resale;
• Communications such as text messages or statements to law enforcement that show an intent to distribute;
• The presence of “ledgers” or other records of drug sales; and
• The presence of scales, baggies, or other “distribution paraphernalia.”

Although you may be charged with PWID Crack Cocaine, charges can sometimes be reduced to Simple Possession if your attorney can show that there was no intent to distribute the drugs, or as the result of a plea deal.

The potential penalties for PWID crack cocaine charges in SC are found in SC Code Section 44-53-375(B):

The potential penalties for distribution of crack cocaine and for manufacturing crack cocaine charges in SC are the same as the potential penalties for PWID crack cocaine (above). 

Trafficking Crack Cocaine

Trafficking crack cocaine charges are among the most serious drug offenses under SC law. 

Trafficking charges can be based on 1) possession where the weight of the drugs found is 10 grams or more, or 2) conspiracy to traffic more than 10 grams of crack cocaine. The potential penalties are found in SC Code Section 44-53-375(C):

Do I Need a Lawyer for Crack Cocaine Charges in SC? 

You absolutely need a lawyer to effectively defend against crack cocaine charges in SC. If you can’t afford to retain an attorney, the court will appoint one to represent you, but your best chance at the best possible outcome – whether that is a dismissal, a favorable plea agreement, or an acquittal at trial – is to get an experienced drug defense lawyer on your case asap. 

If you have been charged with a crack cocaine offense in South Carolina, including Lexington, Aiken, Newberry, and Columbia, you need an experienced drug crimes defense lawyer on your side as soon as possible. 

Call or email Lexington, SC, criminal defense lawyer Kent Collins to schedule a free in-person consultation about your case.