Drug trafficking is one of the most serious criminal offenses in South Carolina, with harsh legal consequences that include mandatory prison sentences and significant fines. Many people mistakenly believe that trafficking only applies to large-scale drug dealers or organized crime operations.
However, South Carolina law defines trafficking based primarily on the amount of drugs in a person’s possession, not necessarily their intent to distribute or transport them. This means that individuals can face trafficking charges even if they are caught with drugs for personal use or without any evidence of selling them.
Understanding these laws is essential, as a conviction can result in lengthy prison terms and permanent damage to one’s criminal record and future opportunities. If you or a loved one is facing charges of drug trafficking, contact our Aiken drug crimes defense lawyers today.
What is Drug Trafficking?
Under South Carolina laws, drug trafficking is a criminal offense that involves the possession of large quantities of illegal drugs, regardless of whether they were intended for personal use, sale, or distribution. Unlike drug possession charges, which involve small amounts of drugs and can sometimes result in misdemeanor penalties, trafficking is always a felony and carries severe consequences.
Difference Between Possession, Distribution, and Trafficking
Understanding the difference between possession, distribution, and trafficking is crucial, as each charge carries different legal consequences and depends on factors like the amount of drugs involved and the intent behind having them.
Simple Possession
This occurs when a person has a small amount of a controlled substance for personal use. Penalties vary but are significantly less severe than trafficking.
Possession with Intent to Distribute (PWID)
This charge applies when a person possesses a moderate amount of drugs, and law enforcement believes there is an intent to sell or distribute, based on circumstantial evidence such as packaging materials, scales, or large amounts of cash.
Trafficking
The most serious drug offense, trafficking, is determined solely by the quantity of drugs in possession. A person can be charged with trafficking even if there is no evidence of distribution or intent to sell.
Types of Controlled Substances
South Carolina law applies drug trafficking charges to a wide range of controlled substances, including:
- Marijuana – Both raw cannabis and processed THC products.
- Cocaine – Powder and crack forms.
- Heroin – A highly addictive opioid with severe legal consequences.
- Methamphetamine (Meth) – A powerful stimulant with increasing prevalence.
- Prescription Drugs (Oxycodone, Hydrocodone, Fentanyl, etc.) – Even legally prescribed medications can result in trafficking charges if possessed in large amounts.
Drug Quantity Thresholds for Trafficking Charges
South Carolina sets specific weight thresholds that determine whether a drug charge is classified as trafficking. These thresholds are:
- Marijuana: Possession of 10 pounds or more results in a trafficking charge.
- Cocaine: Having 10 grams or more qualifies as trafficking.
- Heroin: A trafficking charge applies for possession of 4 grams or more.
- Methamphetamine: Possessing 10 grams or more leads to trafficking charges.
- Prescription Drugs (e.g., Oxycodone, Fentanyl): Even small amounts can trigger trafficking charges because of the potency of these substances. Fentanyl, for example, is so powerful that just two milligrams can be lethal.
Penalties for Drug Trafficking in South Carolina
Drug trafficking penalties in South Carolina are some of the harshest in the country, with mandatory minimum prison sentences and significant fines. The punishment depends on the type and amount of drugs involved.
Severity of Penalties Based on Amount and Substance
Trafficking convictions carry mandatory minimum sentences, which means judges cannot offer probation or reduced sentencing below the statutory requirement. Additionally, fines for trafficking can reach tens or even hundreds of thousands of dollars.
First, Second, and Subsequent Offenses
South Carolina law enforces progressively harsher penalties for repeat offenders. If a person is convicted of trafficking more than once, they can expect significantly longer prison terms and higher fines.
Example Penalty Ranges
The penalties for drug trafficking in South Carolina vary depending on the type and amount of drugs involved, with mandatory minimum sentences and hefty fines that increase with the severity of the offense.
Marijuana Trafficking
- 10–100 pounds: 1–10 years in prison, up to $10,000 fine.
- Over 10,000 pounds: Up to 25 years in prison.
Cocaine/Heroin Trafficking
- 10–28 grams: 3–10 years in prison, $25,000 fine.
- Over 400 grams: Up to 30 years in prison, $200,000 fine.
Methamphetamine Trafficking
- 10–28 grams: 3–10 years in prison, $25,000 fine.
- Over 400 grams: 25–30 years in prison, $200,000 fine.
Many trafficking convictions do not allow parole, meaning the convicted individual must serve their full sentence without early release.
Defending Against Drug Trafficking Charges
Because trafficking is a serious charge, those accused must mount a strong legal defense. Common defenses include:
Challenging the Amount and Classification
If law enforcement incorrectly weighed or misidentified the drug, the charges could be reduced or dismissed.
Illegal Search and Seizure
If police searched a person’s home, car, or belongings without a valid warrant or probable cause, the evidence could be suppressed.
Lack of Knowledge or Intent
If the accused did not knowingly possess the drugs—such as in cases where drugs were found in a shared home or vehicle—this defense could be used.
Challenging Chain of Custody and Lab Testing
If there were errors in how law enforcement handled or tested the drugs, it could lead to a case dismissal.
Why You Need an Experienced Drug Defense Attorney
Given the severity of trafficking charges, hiring a knowledgeable and experienced defense attorney is essential. An attorney can identify flaws in the prosecution’s case and work to reduce or dismiss charges.
How a Lawyer Can Help
A skilled drug defense attorney can help navigate the complexities of trafficking charges by challenging evidence, negotiating reduced penalties, and building a strong defense strategy to protect your rights.
Negotiating for Reduced Charges
A lawyer can sometimes get a trafficking charge reduced to possession or distribution, which carry lighter penalties.
Exploring Alternative Sentencing
Some defendants may be eligible for pre-trial diversion or treatment programs.
Building a Strong Defense
Attorneys gather evidence, challenge law enforcement procedures, and weaken the prosecution’s case in court.
Facing Drug Trafficking Charges? Protect Your Future with Experienced Legal Help
Drug trafficking is one of the most serious criminal charges in South Carolina, with severe penalties, including long prison sentences and high fines. Even possessing a relatively small amount of certain drugs can result in trafficking charges due to strict state laws.
If you or someone you know is facing a drug trafficking charge, it is critical to seek legal representation immediately. A skilled attorney can assess the case, explore defense options, and work toward the best possible outcome.
If you need legal assistance, contact Johnson, Johnson, Whittle, Lancer, & Staggs at (803) 649-5338 for a confidential consultation to discuss your case and defense options.
