Drug possession lawyer in myrtle beach

Roughly 1.1 million drug possession arrests are made each year in the United States. At least 80% of these arrests are for possession of controlled substance, while about 18% are for possession with intent to distribute or sell. The Department of Justice reports an average of 10,000 convictions for drug crimes per year.

In Myrtle Beach Area, there are different classifications of drug crimes. The type of offense determines the penalty to be faced. Note that merely possessing a drug doesn’t amount to an offense. For instance, you won’t be charged with a drug crime for legally possessing a prescription drug. So, before panicking, read more to know the types of drug crimes in Myrtle Beach Area, South Carolina, and what to do when charged with a drug-related offense.

Drug Possession Offenses and Penalties in Myrtle Beach SC

Drug laws vary from state to state, but they all fall under the federal law – the Controlled Substances Act (CSA) 1970. While the CSA applies to all states, South Carolina also has its locally applicable drug law. The 2023 South Carolina Code of Laws Title 44 Chapter 53 on poisons, drugs and other controlled substances, provide sections listing out drug-related offenses and their penalties.

The CSA and SC Code § 44-53 (2023) are applicable laws on which drug charges can be brought in Myrtle Beach Area.

Drug Offenses and Crimes in Myrtle Beach South Carolina

There are several drug offenses under SC Code § 44-53 (2023). Specifically, sections 40, 365, 370, 375, 378, 380, 390, 391, 395, and 445 of the South Carolina Code of Laws Title 44 Chapter 53, spell out numerous drug-related offenses and crimes that may result in a drug charge. These drug-related offenses are classified based on the type and amount of controlled substance involved. They include:

Obtaining Drugs By Fraud/Deceit

In South Carolina, obtaining prescription drugs or other controlled substances through fraud or deceitful means is a crime with potentially severe consequences. SC Code § 44-53-40 (2023) outlines specific actions that may constitute obtaining by fraud. They include:

Misrepresentation
Forgery or altering a prescription
Falsification of information such as name, age, or address
Concealing a fact, and pretending to be a drug law enforcement officer.

Anyone who obtains controlled substances by fraud may be slammed with a misdemeanor charge. The potential penalties for this crime are either a $500 fine, a jail term of 2 years, or both for the first offense. Subsequent convictions would be a felony charge with a fine of not more than $2000 or a 5-year prison sentence. Depending on the severity of the offense, the penalties may be served concurrently.

Theft of Controlled Substance

Apart from theft generally being a crime, it is also a drug crime in South Carolina. SC Code § 44-53-365 (2023) specifies that the theft of a controlled substance is a drug crime that may warrant conviction irrespective of intention.

In this case, a first offense attracts a felony charge with either a $5000 fine, not more than 5 years in jail, or both. A second offense attracts a $10,000 fine, not more than 10 years in jail, or both as the penalties.

Illegally Manufacturing a Controlled Substance

SC Code § 44-53-370 (2023) prohibits the illegal manufacturing of drugs and counterfeits. It also criminalizes the distribution, sale, or delivery, and conspiracy to assist in manufacturing illegal drugs.

Anyone convicted for either manufacturing, distributing, selling, delivering, or assisting in such illegal processes, would be faced with harsh penalties such as a fine of not more than $25,000, a jail term of not more than 15 years, or both for a first offender. Subsequent convictions may attract longer jail terms and heavier fines.

Possession of Illegal Drugs

Possession of illegal drugs is the most popular offense that most drug charges are made of. At least 80% of all drug-related arrests and convictions are for drug possession. It could be a simple possession, or a possession with intent to distribute by selling or delivery. Once there are drugs found on a person, there’s a probable cause for possession.

The criminal penalties for drug possession conviction include; a $500 fine, a 3-year jail term, drug treatment or rehabilitation, and community service for first offenders or simple possession. Serial offenders attract stiffer penalties.

Drug Trafficking

Drug trafficking is one of the major drug crimes affecting the United States. From trafficking cocaine to trafficking heroin, it typically involves manufacturing, selling, and delivering controlled substances. In this case, the severity of the drug trafficking charge depends on the weight of the drug being trafficked.

The criminal penalties for drug trafficking range from 1 to 10 years prison sentence and a $10,000 fine for first offenders, to as long as 30 years in jail and up to a $100,000 fine for serial offenders.

Exposing Minors to Drugs

SC Code § 44-53-378 (2023) prohibits exposing children under the age of 18, to drugs. Where a minor is involved in drug trafficking, manufacturing, or use, the exposure is deemed direct. Indirect exposure of minors typically involves placing such minors within the vicinity of drug possession, sale, or delivery.

Exposing minors to drugs attracts penalties such as a $5000 fine, a 5-year jail term, or both for first offenders. A subsequent conviction attracts up to $10,000 as fine and a 10-year jail term.

Defenses to Drug Charges in Myrtle Beach, South Carolina

Drug possession is a serious crime with stiff penalties in South Carolina. You could either be fined, imprisoned, or sentenced to do both and also add community service. Typically, harsher penalties are reserved for severe drug law violations. Factors such as criminal history, the type and amount of drugs involved, and also the general nature of the crime would determine how harsh the penalties would be. But all hope is not lost.

If you are facing a drug possession charge, there are defenses that you can raise to avoid conviction or at worst reduce the penalties. Your first defense is simply hiring a criminal defense attorney to handle your case.

Some defenses to raise against drug charges include:

First Time Offense; first offenders are typically spared from harsh penalties for drug crimes.
Intent; generally a conviction may be squashed or reduced if there’s no proof of intention to commit a crime. But this does not apply to theft of illegal substances.
Prescription; you can easily squash a drug charge by providing a legal prescription note that permits you to have a controlled substance for personal use.
Plea Agreement; sometimes the best defense is to plead guilty to a lesser offense. This way the charges with potentially harsher penalties are dropped in favor of the lesser offense with lesser penalties. Ultimately, a fine is a lot cheaper than a jail term.

Drug Possession Lawyer in Myrtle Beach South Carolina

A drug possession charge can be stressful and confusing. Apart from the bulky laws and classification of drug-related offenses, the whole process of trying to clear yourself in court is also daunting. But, you don’t have to handle it all by yourself. With a drug possession lawyer representing you, you have nothing to worry about.

With a drug possession lawyer representing you, you can carefully navigate the tight corners. With a criminal defense lawyer, you can raise possible defenses to either squash a drug possession conviction or reduce it. Overall, lawyers have several defense strategies to scale through difficult drug possession charges, and they are the best to get you through such tough moments.

At Drug Possession Lawyers USA, we have a strong team of criminal defense attorneys waiting to handle your drug-related charges. If you are in Myrtle Beach, South Carolina, all you need is to book a free initial consultation session with us to get started.