Greenville Drug Crime Defense Attorneys

Manufacturing

Drug manufacturing is committed when a person produces, cultivates, or synthesizes controlled substances, such as producing methamphetamine or growing marijuana. This applies regardless of whether the drugs are intended for personal use or distribution. Possession of precursors or equipment can support the charge. 

Trafficking

Drug trafficking is the transportation, import, export, or sale of large quantities of controlled substances. This serious felony offense is defined solely by the amount of drugs involved. The state is not required to prove that you intended to sell or distribute the drugs for a trafficking conviction.

How Are Drugs Scheduled in South Carolina?

The consequences of a drug crime conviction heavily depend on the drug classification or schedule. South Carolina classifies drugs into five different schedules based on their potential for abuse and medical use. Schedule I drugs have the highest restrictions, while Schedule V drugs carry lower penalties. 

Below is a brief overview of the different schedules:  

1. Schedule I drugs have no accepted medical use and a high potential for abuse, such as heroin, LSD, ecstasy or MDMA, and marijuana. 
2. Schedule II drugs have a high potential for physical or psychological dependency, such as cocaine, fentanyl, methamphetamine, methadone, and amphetamines like Adderall® and Ritalin®. 
3. Schedule III drugs have a moderate to low potential for dependence, such as ketamine, anabolic steroids, testosterone, and Tylenol® with codeine. 
4. Schedule IV drugs have a low potential for abuse. Common examples include Xanax®, Valium®, Ambien®, barbital, and tramadol. 
5. Schedule V drugs have the lowest risk for abuse and widely accepted medical applications, such as Lomotil®, Motofen®, Lyrica®, and certain cough syrups.

What Are the Penalties for a Drug Crime Conviction?

The penalties for a drug crime conviction depend on the type of drug, the quantity, and whether it is a first or repeat offense. Consequences can range from fines and probation to lengthy prison sentences for trafficking or distribution. 

Beyond the courtroom, a conviction can leave you with a permanent criminal record and affect your ability to secure employment, qualify for housing, pursue higher education, and maintain professional licenses. Non-citizens may also face serious immigration consequences, including deportation.

Drug offenses have different elements, definitions, and penalties that require an in-depth understanding of state and federal law. We can help you understand the charges against you and pursue the best possible outcome in your case while defending your rights at every turn.

Does South Carolina Allow Medical Marijuana?

While legislation has been introduced to legalize medical marijuana, including the Compassionate Care Act, marijuana is still illegal in South Carolina. Currently, state law allows for the use of low-THC cannabidiol (CBD) oil for certain medical conditions under Julian's Law, which was passed in 2014. This law permits qualifying patients with severe epilepsy to use CBD oil with no more than 0.9% THC and at least 15% CBD.

South Carolina is one of 19 states that continue to jail individuals for possessing small amounts of marijuana, resulting in over 10,000 arrests for cannabis possession in 2023 alone. If you were charged with marijuana possession, don't leave your future to chance. Our lawyers can review the circumstances of your arrest, challenge the evidence against you, and present defenses in court to limit long-term consequences.

What Are Common Defenses Against Drug Crime Charges?

Some common defenses against drug crimes include:

• Illegal search or seizure. If the police violated your constitutional rights by searching your person or property without a valid warrant, consent, or probable cause, we can file a motion to suppress inadmissible evidence or drop the charges altogether.
• Lack of possession. This defense argues that you did not actually or legally possess the drugs in question. If you did not know the drugs were present or had no control over the location where they were discovered, we can fight to reduce or dismiss the charges. 
• Medical exception. The prosecution is responsible for proving that the drug possession or use was illegal. If you had a valid prescription or authorization to use the drug for a legitimate medical purpose, we can help you collect medical documentation to establish lawful possession. 
• Entrapment. If law enforcement induced or pressured you into committing a drug offense that you were not predisposed to commit, such as an undercover officer encouraging or coercing you to buy or sell drugs, we can argue for dismissal on the grounds of entrapment.

No matter the severity of the charges against you, consulting a skilled defense lawyer is paramount to employing an effective defense. Our attorneys can examine every angle of your case to determine a strategic approach for your specific circumstances.

Don't throw away your future by failing to seek legal counsel after a drug crime charge. Contact us online to discuss your case with our experienced attorneys.