A drug possession charge can put your future at risk.
Even a misdemeanor conviction can mean jail time, hefty fines, and a permanent criminal record that affects employment, housing, and financial aid eligibility. But being charged does not mean you are guilty. At Chambers Law, we fight aggressively to challenge the charges against you and protect your rights.
Call 843-449-0420 today for a free consultation.
What is Drug Possession in South Carolina?
South Carolina law divides drug possession charges into two main categories:
- Simple Possession – Small amounts of drugs intended for personal use
- Possession with Intent to Distribute (PWID) – Larger amounts or circumstances suggesting intent to sell
The severity of a possession charge depends on:
- The type of drug (Schedule I-V controlled substances)
- The amount in your possession
- Whether you have prior drug convictions
- Where the arrest occurred (near a school, park, or public housing increases penalties)
Penalties for Drug Possession
Drug possession penalties vary based on the type of substance and prior convictions. Common drug possession penalties in South Carolina include:
Marijuana Possession
- Simple Possession (less than 1 oz): Up to 30 days in jail and $200 fine
- Second offense: Up to 1 year in jail and $2,000 fine
- Possession with Intent to Distribute (PWID): Up to 5 years in prison
Cocaine, Meth, and Other Controlled Substances
- Simple Possession (first offense): Up to 3 years in prison and $5,000 fine
- Second offense: Up to 5 years in prison and $7,500 fine
- PWID: Up to 15 years in prison
Prescription Drug Possession
- Unlawful possession of opioids, Xanax, or Adderall can result in felony charges
- Even if you have a valid prescription, possession without the labeled container can lead to an arrest
How we Defend Drug Possession Charges
At Chambers Law, we aggressively fight drug possession charges using proven defense strategies, including:
- Illegal search and seizure: Were your Fourth Amendment rights violated?
- Lack of possession: Were the drugs actually yours?
- Lab testing errors: Can the prosecution prove the substance is illegal?
- Entrapment: Were you set up by law enforcement?
- Coerced confession: Were you pressured into making a statement?
We investigate every angle of your case to reduce charges, dismiss the case, or secure alternative sentencing options.
Can You Expunge a Drug Possession Charge?
Expungement may be possible for first-time simple possession charges in South Carolina. Eligibility depends on:
- Successful completion of Pre-Trial Intervention (PTI) or a Conditional Discharge Program
- First-time drug offense with no prior convictions
- The case being dismissed or found not guilty
If you qualify, we can help clear your record and protect your future.
Options for Resolving a Drug Possession Charge
Depending on the facts of your case, we may explore:
- Pre-Trial Intervention (PTI): Successful completion leads to dismissal
- Conditional Discharge: First-time offenders may avoid jail time and expunge the charge
- Plea Bargaining: Negotiating a lower charge to avoid harsher penalties
- Trial Defense: If necessary, we aggressively fight your case in court
