Trafficking Charge in SC: Fines, Penalties & Jail time
In SC, trafficking of a controlled substance is considered a very serious drug offense and can be subject to some of the most severe penalties possible. It’s important to understand what is considered trafficking and what the possible punishments are if you are charged and convicted of this crime.
In this article, we’ll discuss:
- Details about trafficking in SC: what it is and how it’s used in the context of the criminal justice system in South Carolina
- Penalties for being charged with trafficking different drugs
- Why it’s important to have legal representation that can protect your best interests in the face of a serious drug charge in SC
What Is Trafficking?
Trafficking of a controlled substance is a crime that can be difficult to understand. Many people believe that trafficking always involves transportation over state or national lines, or that a trafficking case always includes proof of intent to sell a large amount of drugs. Neither of these statements are true in South Carolina.
Basically, trafficking in SC will be the likely charge if you’re found to be manufacturing, selling, importing/exporting, distributing, or even possessing a certain quantity of an illegal substance. In the state of South Carolina, trafficking is viewed as a more serious crime than possession with intent to distribute (PWID) or simple possession. Trafficking is always a felony even if there aren’t any prior convictions. It is the most serious drug offense there is, according to the SC State Code.
What Are the Requirements for a Trafficking Charge in SC?
So, why don’t prosecutors have to prove intent in a trafficking case? That is because, in SC, the charge is based on the weight of the substance in your possession, not the intent to sell or transport. This means that it doesn’t matter why you have such a large amount of a particular substance, just that you have it at all. This means that drug users in SC should think twice before stockpiling large amounts to use over time. Health risks aside, you could land yourself a trafficking charge without ever selling an ounce.
The threshold for a felony trafficking charge in South Carolina is 10 lbs of a substance in your possession. Beyond 10 lbs, there are different penalty thresholds for different substances, but if you need to remember one number, 10 lbs means you could be facing a trafficking charge in SC.
Penalties for a Conviction: Trafficking in SC
As seriously as trafficking is viewed in the eyes of SC law enforcement, it’s no surprise that it carries harsh penalties, including:
- Jail time: Trafficking crimes are almost always considered to be “violent” because of the amount of product in your possession when caught. Jail time is almost always a consequence of such a charge.
- Fines: Again, with a crime as serious as trafficking, it’s highly likely that the state will levy a fine, and that the fine will be sizable. The details of the fine depend on the drug in your possession and the amount with which you were allegedly caught.
Required Thresholds and Penalties for Trafficking in SC
It should be noted that exact fines and penalties depend on extenuating factors, including whether or not you have any prior convictions for any crimes and what those crimes were.
Additionally, trafficking charges are not eligible for suspension of sentence or immediate probation. Here’s a breakdown of the baseline penalties for many drugs listed in the State Code of South Carolina when you’re being charged with trafficking:
Marijuana
Penalties for trafficking marijuana are covered under SC State Code starting at section 44-53-370(e)(1).
10 lbs – 100 lbs
- First offense: 1-10 years in jail, $10,000
- Second offense: 5-20 years in jail, $15,000
- 3+ offenses: 25 years in jail, $25,000
100 lbs – 1,000 lbs OR 100 – 1,000 plants
- 25 years in jail, $25,000
2,000 lbs – 10,000 lbs OR 1,000 – 10,000 plants
- Up to 25 years in jail, $50,000
Over 10,000 lbs or over 10,000 plants
- At least 25 years in jail, $200,000
Cocaine
Penalties for cocaine trafficking are covered starting in Section 44-53-370(e)(2) of the SC Code.
10 – 28 grams
- First offense: 3-10 years in jail, $25,000
- Second offense: 5-30 years in jail, $50,000
- 3+ offenses: 25-30 years in jail, $50,000
28 – 100 grams
- First offense: 7-25 years in jail, $50,000
- Second offense: 7-30 years in jail, $50,000
- 3+ offenses: 25-30 years in jail, $50,000
100 – 200 grams
25 years in jail, $50,000
200-400 grams
25 years in jail, $100,000
More than 400 grams
25 years in jail, $200,000
Meth
Penalties for the trafficking of methamphetamine are discussed in Section 44-53-375(C) of the SC Code of Laws.
10 – 28 grams
- First offense: 3-10 years in jail, $25,000
- Second offense: 5-30 years in jail, $50,000
- 3+ offenses: 25-30 years in jail, $50,000
28 – 100 grams
- First offense: 7-25 years in jail, $50,000
- Second offense: 7-30 years in jail, $50,000
- 3+ offenses: 25-30 years in jail, $50,000
100 – 200 grams
25 years in jail, $50,000
200-400 grams
25 years in jail, $100,000
More than 400 grams
25-30 years in jail, $200,000
Heroin
In Section 44-53-370(e)(3), the State Code discusses penalties for heroin trafficking in SC.
4 – 14 grams
- First offense: 7-25 years in jail, $50,000
- 2+ offenses: 25 years in jail, $100,000
14 – 28 grams
25 years in jail, $200,000
28 grams or more
25-40 years in jail, $200,000
The Need for Quality Legal Help
In the face of a charge for trafficking, you need to tread carefully. Any of these offenses can carry a serious set of penalties and whether it’s your first, second, or fifth offense, it will take legal representation to make sure you can recover and reclaim your life.
What can an experienced drug lawyer like Kent Collins do for you? At the very least, we can ensure that your interests are protected throughout the legal process. We’ve helped thousands of clients plead down cases to lesser charges or even get their charges dismissed.
If you or a loved one are facing a serious drug offense, contact us today and we’ll guide you through this difficult time.