From Simple Possession to Manufacturing, from Marijuana to Heroin — No matter the drug charge, there’s a possibility you will serve time in jail, if convicted. In addition to losing your freedom, your conviction means you’re also responsible for paying fines.
What a drug conviction could mean for your future:
Possession
All are in General Sessions Court except Simple Possession of Marijuana 1st.
| Drug | Fines* | Jail Time |
|---|---|---|
| Poss. Marijuana 1st (under one oz.) | $100-$200 | 0-30 days |
| Poss. Marijuana 2nd (under one oz) | $200-$1,000 | 0-1 year |
| Poss. Cocaine 1st | $0-$5,000 | 0-3 years |
| Poss. Cocaine 2nd | $0-$7500 | 0-5 years |
| Poss. Cocaine 3rd | $0-$12,500 | 0-10 years |
| Poss. LSD/Heroin 1st | $0-$5,000 | 0-2 years |
| Poss. LSD/ Heroin 2nd | $0-$5,000 | 0-5 years |
| Poss. LSD/ Heroin 3rd | $0-$5,000 | 0-10 years |
| Poss. Crack/ Crank/ Meth 1st | $0-$5,000 | 0-3 years |
| Poss. Crack/ Crank/ Meth 2nd | $0-$7,500 | 0-5 years |
| Poss. Crack/ Crank/ Meth 3rd | $0-$12,500 | 0-10 years |
| Poss. Marijuana (over 1 oz) 1st | $0-$1,000 | 0-6 mos. |
| Poss. Marijuana (over 1 oz) 2nd | $0-$2,000 | 0-1 year |
| Poss. Other (Schedule I-V) 1st | $0-$1,000 | 0-6 mos. |
| Poss. Other (Schedule I-V) 2nd | $0-$2,000 | 0-1 year |
Possession with Intent to Distribute and Distribution (PWID)
All are in General Sessions Court
| Drug | Fines* | Jail Time | Notes |
|---|---|---|---|
| PWID Schedule I-III (Includes Marijuana) 1st | $0-$5,000 | 0-5 years | |
| PWID Schedule I-III (Includes Marijuana) 2nd | $0-$10,000 | 0-10 years | |
| PWID Schedule I-III (Includes Marijuana) 3rd | $0-$20,000 | 5-20 years | 85%; No suspended sentence or probation can be given, unless all prior convictions are only possessions. |
| PWID Cocaine/ LSD/ Heroin 1st | $0-$25,000 | 0-15 years | |
| PWID Cocaine/LSD/Heroin 2nd | $0-$50,000 | 5-30 years | 85%; Serious |
| PWID Cocaine/ LSD/ Heroin 3rd | $0-$50,000 | 10-30 years | 85%; Serious; No suspended sentence or probation can be given, unless ALL prior convictions are only possessions. |
| PWID Crank/Meth 1st | $0-$25,000 | 0-15 years | |
| PWID Crank/Meth 2nd | $0-$50,000 | 5-30 years | 85%; Serious |
| PWID Crank/ Meth 3rd | $0-$50,000 | 10-30 years | 85%; Serious; No suspended sentence or probation can be given, unless all prior convictions are only possessions. |
| PWID Crack 1st | $0-$25,000 | 0-15 years | |
| PWID Crack 2nd | $0-$50,000 | 5-30 years | 85%; Serious |
| PWID Crack 3rd | $0-$50,000 | 10-30 years | 85%; Serious; No suspended sentence or probation can be given, unless all prior convictions are only possessions. |
Trafficking
All of these offenses are violent, serious and no suspended sentence of probation can be given. They are also all in General Sessions Court.
| Drug | Amount of drug | Fines* | Jail Time | Notes |
|---|---|---|---|---|
| Traff. Marijuana 1st | 10-100 lbs | $0-$10,000 | 1-10 years | |
| Traff. Marijuana 2nd | 10-100 lbs | $0-$15,000 | 5-20 years | 85% |
| Traff. Marijuana 3rd | 10-100 lbs | $0- $25,000 | 25 years | |
| Traff. Cocaine 1st | 10-28 grams | $0-$25,0000 | 3-10 years | |
| Traff. Cocaine 2nd | 10-28 grams | $0-$50,000 | 5-30 years | 85% |
| Traff. Cocaine 3rd | 10-28 grams | $0-$50,000 | 25-30 years | 85% |
| Traff. Cocaine 1st | 28-100 grams | $0-$50,000 | 7-25 years | 85% |
| Traff. Cocaine 2nd | 28-100 grams | $0-$50,000 | 7-30 years | 85% |
| Traff. Cocaine 3rd | 28-100 grams | $0-$50,000 | 25-30 years | 85% |
| Traff. Cocaine | 100-200 grams | $0-$50,000 | 25 years | 85% |
| Traff. Cocaine | 200-400 grams | $0-$100,000 | 25 years | 85% |
| Traff. Cocaine | 400 or more grams | $0-$200,000 | 25-30 years | 85% |
| Traff. Meth/ Crank/ Crack 1st | 10-28 grams | $0-$25,000 | 3-10 years | |
| Traff. Meth/ Crank/ Crack 2nd | 10-28 grams | $0-$50,000 | 5-30 years | 85% |
| Traff. Meth/ Crank/ Crack 3rd | 10-28 grams | $0-$50,000 | 25-30 years | 85% |
| Traff. Meth/ Crank/ Crack 1st | 28-100 grams | $0-$50,000 | 7-25 years | 85% |
| Traff. Meth/ Crank/ Crack 2nd | 28-100 grams | $0-$50,000 | 7-30 years | 85% |
| Traff. Meth/ Crank/ Crack 3rd | 28-100 grams | $0-$50,000 | 25-30 years | 85% |
| Traff. Meth/ Crank/ Crack 1st | 100-200 grams | $0-$50,000 | 25 years | 85% |
| Traff. Meth/ Crank/ Crack 2nd | 200-400 grams | $0-$100,000 | 25 years | 85% |
| Traff. Meth/ Crank/ Crack 3rd | 400 or more grams | $0-$100,000 | 25-30 years | 85% |
| Traff. Heroin 1st | 4-14 grams | $0-$50,000 | 7-25 years | 85% |
| Traff. Heroin 2nd | 4-14 grams | $0-$100,000 | 25 years | 85% |
| Traff. Heroin | 14-28 grams | $0-$200,000 | 25 years | 85% |
| Traff. Heroin | 28 grams or more | $0-$200,000 | 25-40 years | 85% |
Manufacturing
All are in General Sessions Court.
| Drug | Amount of Drug | Fines* | Jail Time | Notes |
|---|---|---|---|---|
| Mfg. Ecstacy (MDMA) 1st | 100-500 units | $0-$20,000 | 3-10 years | No suspended sentence or probation can be given |
| Mfg. Ecstacy (MDMA) 2nd | 100-500 units | $0-$40,000 | 5-30 years | No suspended sentence or probation can be given; 85% |
| Mfg. Ecstacy (MDMA) 3rd | 100-500 units | $0-$50,000 | 25-30 years | No suspended sentence or probation can be given; 85% |
| Mfg. Meth 1st | $0-$10,000 | 0-10 years | Violent | |
| Mfg. Meth 2nd | $0-$50,000 | 5-30 years | Violent; 85% | |
| Mfg. Meth 3rd | $0-$50,000 | 10-30 years | Violent; No suspended sentence or probation can be given; 85% |
* All fines are subject to additional court costs and fees. Click here for more information.
* The reference to “85%” means at least 85% of the prison term must be served. Violent and serious are categories in the statute that help calculate the prison term and have to do with the second/third strike law for life without parole in SC.
