Understanding Your Drug Charge(s) in South Carolina

I have found myself explaining to many (often understandably panicked) clients that the drug laws in South Carolina are not only harsh, but confusingly written and difficult for the average person to understand. In reality, there are really only two (2) main statutes to know when it comes to drug crimes in SC...so how hard can it be? Take a look:

§44-53-370 (crimes): Code of Laws - Title 44 - Chapter 53 - Poisons, Drugs, And Other Controlled Substances (scstatehouse.gov)

§44-53-375 (penalties): Code of Laws - Title 44 - Chapter 53 - Poisons, Drugs, And Other Controlled Substances (scstatehouse.gov)

Even for lawyers, those paragraph blocks of text can be time-consuming and annoying to read. So for the benefit of the general public, as well as any fellow criminal defense attorneys, I have put together the following chart to hopefully help break down some of the more common drug charges in South Carolina.

View/download the (mobile friendly) PDF version here.

CHARGE	CDR	STATUTE	SENTENCING	TYPE	NOTES
SIMPLE POSSESSION
MARIJUANA (= 28 grams/1 ounce or less)
1st offense	0659	§44-53-370(d)(4)	0-30 days or $100-$200	Misdemeanor	Conditional discharge
2nd offense	0182	§44-53-370(d)(4)	0-1 yr and/or $200-1,000	Misdemeanor
COCAINE (= less than 1 gram)
1st offense	3011	§44-53-370(d)(3)	0-3 yrs and/or up to $5,000	Misdemeanor	Conditional discharge
2nd offense	3012	§44-53-370(d)(3)	0-5 yrs and/or up to $7,500	Felony
3rd offense	3013	§44-53-370(d)(3)	0-10 yrs and/or up to $12,500	Felony
METHAMPHETAMINE (= less than 1 gram)
1st offense	3009	§44-53-375(A)	0-3 yrs and/or up to $5,000	Misdemeanor	Conditional discharge
2nd offense	3017	§44-53-375(A)	0-5 yrs and/or up to $7,500	Felony
3rd offense	3016	§44-53-375(A)	0-10 yrs and/or up to $12,500	Felony
COCAINE BASE (= less than 1 gram)
1st offense	3009	§44-53-375(A)	0-3 yrs and/or up to $5,000	Misdemeanor	Conditional discharge
2nd offense	3017	§44-53-375(A)	0-5 yrs and/or up to $7,500	Felony
3rd offense	3016	§44-53-375(A)	0-10 yrs and/or up to $12,500	Felony
HEROIN (= 2 grains)
1st offense	0176	§44-53-370(d)(1)	0-2 yrs and/or up to $5,000	Misdemeanor	Conditional discharge
2nd offense	0177	§44-53-370(d)(1)	0-5 yrs and/or up to $5,000	Felony
3rd offense	0178	§44-53-370(d)(1)	0-5 yrs and/or up to $10,000	Felony
CONTROLLED SUBSTANCES
Schedule I(b), I(c), LSD, or Schedule II
1st offense	0176	§44-53-370(d)(1)	0-2 yrs and/or up to $5,000	Misdemeanor	Conditional discharge
2nd offense	0177	§44-53-370(d)(1)	0-5 yrs and/or up to $5,000	Felony
3rd offense	0178	§44-53-370(d)(1)	0-5 yrs and/or up to $10,000	Felony
Schedule I-V: Other (Non-Narcotic)
1st offense	0179	§44-53-370(d)(2)	0-6 months and/or up to $1,000	Misdemeanor	Conditional discharge
2nd offense	0180	§44-53-370(d)(2)	0-1 yr and/or up to $6,000	Misdemeanor
MDMA (= 15 dosage units or more)
1st offense	2919	§44-53-370(b)(2)	0-5 yrs and/or up to $5,000	Felony	Accommodation sale
2nd offense	2920	§44-53-370(b)(2)	0-10 yrs and/or up to $10,000	Felony	Accommodation sale
3rd offense	2921	§44-53-370(b)(2)	5-20 yrs and/or up to $20,000	Felony	Accommodation sale
Fentanyl (new - effective 6/20/2023) (= more than 2 grains)
1st offense	4085	§44-53-370(d)(4)	0-5 yrs and $5,000	Felony
2nd offense	4086	§44-53-370(d)(4)	0-10 yrs and $10,000	Felony
3rd offense	4087	§44-53-370(d)(4)	0-15 yrs and $10,000	Felony
POSSESSION WITH INTENT TO DISTRIBUTE
MARIJUANA (= over 28 grams/1 ounce but less than 10 ounces)
1st offense	0186	§44-53-370(b)(2)	0-5 yrs and/or up to $5,000	Felony	Accommodation sale
2nd offense	0187	§44-53-370(b)(2)	0-10 yrs and/or up to $10,000	Felony	Accommodation sale
3rd offense	0188	§44-53-370(b)(2)	5-20 yrs and/or up to $20,000	Felony
COCAINE (= over 1 gram but less than 10 grams)
1st offense	0183	§44-53-370(b)(1)	0-15 yrs and/or up to $25,000	Felony
2nd offense	0184	§44-53-370(b)(1)	5-30 yrs and/or up to $50,000	Felony	Serious
3rd offense	0185	§44-53-370(b)(1)	10-30 yrs and/or up to $50,000	Felony	Serious
METHAMPHETAMINE (= over 1 gram but less than 10 grams)
1st offense	3198	§44-53-375(B)(1)	0-15 yrs and/or up to $25,000	Felony
2nd offense	3199	§44-53-375(B)(2)	5-30 yrs and/or up to $50,000	Felony	Serious
3rd offense	3200	§44-53-375(B)(3)	10-30 yrs and/or up to $50,000	Felony	Serious
COCAINE BASE (= over 1 gram but less than 10 grams)
1st offense	3014	§44-53-375(B)(1)	0-15 yrs and/or up to $25,000	Felony
2nd offense	3015	§44-53-375(B)(2)	5-30 yrs and/or up to $50,000	Felony	Serious
3rd offense	3039	§44-53-375(B)(3)	10-30 yrs and/or up to $50,000	Felony	Serious
HEROIN (= over 2 grains)
1st offense	0183	§44-53-370(b)(1)	0-15 yrs and/or up to $25,000	Felony
2nd offense	0184	§44-53-370(b)(1)	5-30 yrs and/or up to $50,000	Felony	Serious
3rd offense	0185	§44-53-370(b)(1)	10-30 yrs and/or up to $50,000	Felony	Serious
CONTROLLED SUBSTANCES
Schedule I(b), I(c), LSD, or Schedule II
1st offense	0183	§44-53-370(b)(1)	0-15 yrs and/or up to $25,000	Felony
2nd offense	0184	§44-53-370(b)(1)	5-30 yrs and/or up to $50,000	Felony	Serious
3rd offense	0185	§44-53-370(b)(1)	10-30 yrs and/or up to $50,000	Felony	Serious
Schedules I, II, III, or flunitrazepam
1st offense	0186	§44-53-370(b)(2)	0-5 yrs and/or up to $5,000	Felony	Accommodation sale
2nd offense	0187	§44-53-370(b)(2)	0-10 yrs and/or up to $10,000		Accommodation sale
3rd offense	0188	§44-53-370(b)(2)	5-20 yrs and/or up to $20,000	Felony	Accommodation sale
Schedule IV, except flunitrazepam
1st offense	0189	§44-53-370(b)(3)	0-3 yrs and/or up to $3,000	Felony	Accommodation sale
2nd offense	0190	§44-53-370(b)(3)	0-5 yrs and/or up to $6,000	Felony	Accommodation sale
Schedule V
1st offense	0191	§44-53-370(b)(4)	0-1 yr and/or up to $1,000	Felony	Accommodation sale
2nd offense	0192	§44-53-370(b)(4)	0-2 yrs and/or up to $2,000	Felony	Accommodation sale
TRAFFICKING
MARIJUANA
= between 10 to 100 pounds
1st offense	2360	§44-53-370(e)(1)(a)(1)	1-10 yrs and $10,000	Felony	Violent; serious
2nd offense	0402	§44-53-370(e)(1)(a)(2)	5-20 yrs and $15,000	Felony	Violent; serious
3rd offense	0145	§44-53-370(e)(1)(a)(3)	25 yrs and $25,000	Felony	Violent; serious
= over 100 pounds
100 to 2,000 pounds	0283	§44-53-370(e)(1)(b)	25 yrs and $25,000	Felony	Violent; serious
2,000 to 10,000 pounds	0284	§44-53-370(e)(1)(c)	25 yrs and $50,000	Felony	Violent; serious
10,000 pounds or more	0285	§44-53-370(e)(1)(d)	25-30 yrs and $200,000	Felony	Violent; serious
COCAINE
= between 10 to 28 grams
1st offense	0278	§44-53-370(e)(2)(a)(1)	3-10 yrs and $25,000	Felony	Violent; serious
2nd offense	0387	§44-53-370(e)(2)(a)(2)	5-30 yrs and $50,000	Felony	Violent; serious
3rd offense	0147	§44-53-370(e)(2)(a)(3)	25-30 yrs and $50,000	Felony	Violent; serious
= between 28 to 99 grams
1st offense	2359	§44-53-370(e)(2)(b)(1)	7-25 yrs and $50,000	Felony	Violent; serious
2nd offense	0388	§44-53-370(e)(2)(b)(2)	7-30 yrs and $50,000	Felony	Violent; serious
3rd offense	0148	§44-53-370(e)(2)(b)(3)	25-30 yrs and $50,000	Felony	Violent; serious
= over 100 grams
100 to 200 grams	0280	§44-53-370(e)(2)(c)	25 yrs and $50,000	Felony	Violent; serious
200 to 400 grams	0288	§44-53-370(e)(2)(d)	25 yrs and $100,000	Felony	Violent; serious
400 grams or more	0281	§44-53-370(e)(2)(e)	25-30 yrs and $200,000	Felony	Violent; serious
METHAMPHETAMINE
= between 10 to 28 grams
1st offense	0450	§44-53-375(C)(1)(a)	3-10 yrs and $25,000	Felony	Violent; serious
2nd offense	0451	§44-53-375(C)(1)(b)	5-30 yrs and $50,000	Felony	Violent; serious
3rd offense	0452	§44-53-375(C)(1)(c)	25-30 yrs and $50,000	Felony	Violent; serious
= between 28 to 100 grams
1st offense	0392	§44-53-375(C)(2)(a)	7-25 yrs and $50,000	Felony	Violent; serious
2nd offense	0389	§44-53-375(C)(2)(b)	7-30 yrs and $50,000	Felony	Violent; serious
3rd offense	0349	§44-53-375(C)(2)(c)	25-30 yrs and $50,000	Felony	Violent; serious
= over 100 grams
100 to 200 grams	0368	§44-53-375(C)(3)	25 yrs  and $50,000	Felony	Violent; serious
200 to 400 grams	0369	§44-53-375(C)(4)	25 yrs and $100,000	Felony	Violent; serious
400 grams or more	0370	§44-53-375(C)(5)	25-30 yrs and $200,000	Felony	Violent; serious
COCAINE BASE
= between 10 to 28 grams
1st offense	0450	§44-53-375(C)(1)(a)	3-10 yrs and $25,000	Felony	Violent; serious
2nd offense	0451	§44-53-375(C)(1)(b)	5-30 yrs and $50,000	Felony	Violent; serious
3rd offense	0452	§44-53-375(C)(1)(c)	25-30 yrs and $50,000	Felony	Violent; serious
= between 28 to 100 grams
1st offense	0392	§44-53-375(C)(2)(a)	7-25 yrs and $50,000	Felony	Violent; serious
2nd offense	0389	§44-53-375(C)(2)(b)	7-30 yrs and $50,000	Felony	Violent; serious
3rd offense	0349	§44-53-375(C)(2)(c)	25-30 yrs and $50,000	Felony	Violent; serious
= over 100 grams
100 to 200 grams	0368	§44-53-375(C)(3)	7-25 yrs and $50,000	Felony	Violent; serious
200 to 400 grams	0369	§44-53-375(C)(4)	7-30 yrs and $50,000	Felony	Violent; serious
400 grams or more	0370	§44-53-375(C)(5)	25-30 yrs and $50,000	Felony	Violent; serious
HEROIN
= between 4 to 14 grams
1st offense	2361	§44-53-370(e)(3)(a)(1)	7-25 yrs and $50,000	Felony	Violent; serious
2nd offense	0156	§44-53-370(e)(3)(a)(2)	25 yrs and $100,000	Felony	Violent; serious
= over 14 grams
14 to 28 grams	0287	§44-53-370(e)(3)(b)	25 yrs and $200,000	Felony	Violent; serious
28 grams or more	0149	§44-53-370(e)(3)(c)	25-40 yrs and $200,000	Felony	Violent; serious
CONTROLLED SUBSTANCES
LSD
= 100 to 499 units
1st offense	0454	§44-53-370(e)(5)(a)(1)	3-10 yrs and $20,000	Felony	Violent; serious
2nd offense	0455	§44-53-370(e)(5)(a)(2)	5-30 yrs and $40,000	Felony	Violent; serious
3rd offense	0456	§44-53-370(e)(5)(a)(3)	25-30 yrs and $50,000	Felony	Violent; serious
= 500 to 999 units
1st offense	0457	§44-53-370(e)(5)(b)(1)	7-25 yrs and $50,000	Felony	Violent; serious
2nd offense	0458	§44-53-370(e)(5)(b)(2)	7-30 yrs and $50,000	Felony	Violent; serious
3rd offense	0459	§44-53-370(e)(5)(b)(3)	25-30 yrs and $50,000	Felony	Violent; serious
= 1000+ units	0453	§44-53-370(e)(5)(c)	25 yrs and $100,000	Felony	Violent; serious
Flunitrazepam
= 1 to 100 grams
1st offense	2590	§44-53-370(e)(6)(a)(1)	1-10 yrs and $10,000	Felony	Violent; serious
2nd offense	2591	§44-53-370(e)(6)(a)(2)	25 yrs and $25,000	Felony	Violent; serious
= 100 grams or more
100 to 1,000 grams	2592	§44-53-370(e)(6)(b)	20 yrs and $25,000	Felony	Violent; serious
1,000 grams to 5 kg	2593	§44-53-370(e)(6)(c)	25 yrs and $50,000	Felony	Violent; serious
5 kg or more	2594	§44-53-370(e)(6)(d)	25-30 yrs and $200,000	Felony	Violent; serious
MDMA/Ecstasy
= between 100 to 500 units
1st offense	2912	§44-53-370(e)(8)(a)(i)	3-10 yrs and $20,000	Felony	Violent; serious
2nd offense	2913	§44-53-370(e)(8)(a)(ii)	5-30 yrs and $40,000	Felony	Violent; serious
3rd offense	2914	§44-53-370(e)(8)(a)(iii)	25-30 yrs and $50,000	Felony	Violent; serious
= between 500 to 1,000 units
1st offense	2915	§44-53-370(e)(8)(b)(i)	7-25 yrs and $50,000	Felony	Violent; serious
2nd offense	2916	§44-53-370(e)(8)(b)(ii)	7-30 yrs and $50,000	Felony	Violent; serious
3rd offense	2917	§44-53-370(e)(8)(b)(iii)	25-30 yrs and $50,000	Felony	Violent; serious
= 1000+ units	2918	§44-53-370(e)(8)(C)	25 yrs and $100,000	Felony	Violent; serious
Fentanyl (new - effective 6/20/2023)
= between 4 to 14 grams
1st offense	4083	§44-53-370(e)	7-25 yrs and $50,000	Felony	Violent; serious
2nd offense	4084	§44-53-370(e)	25 yrs and $100,000	Felony	Violent; serious
= 14 grams or more
14 to 28 grams	4095	§44-53-370(e)	25 yrs and $200,000	Felony	Violent; serious
28 grams or more	4096	§44-53-370(e)	25-40 yrs and $200,000	Felony	Violent; serious
MISCELLANOUS
Theft of a Controlled Substance
1st offense	2923	§44-53-365(A)	0-5 yrs and/or up to $5,000	Felony
2nd offense	2924	§44-53-365(A)	0-10 yrs and/or up to $10,000	Felony
Obtaining Prescription Drugs by Fraud, Deceit, etc.
1st offense	0296	§44-53-40(B)	0-2 yrs and/or up to $500	Misdemeanor
2nd offense	0297	§44-53-40(B)	0-5 yrs and/or up to $2,000	Felony
Administer, Distribute, etc. a Controlled Substance with Intent to Commit a Crime
1st offense	2587	§44-53-370(g)(2)(a)	0-15 yrs and/or up to $25,000	Felony
2nd offense	2588	§44-53-370(g)(2)(b)	0-20 yrs and/or up to $30,000	Felony
3rd offense	2589	§44-53-370(g)(2)(c)	5-25 yrs and/or up to $40,000	Felony
Manufacturing Methamphetamine
1st offense	3776	§44-53-375(B)(1)	0-15 yrs and/or up to $25,000	Felony	Violent
2nd offense	3777	§44-53-375(B)(2)	0-30 yrs and/or up to $50,000	Felony	Violent; serious
3rd offense	3778	§44-53-375(B)(3)	10-30 yrs and/or up to $50,000	Felony	Violent; serious
Distribute/Sell/Manufacture or Possession with Intent to Distribute a Controlled Substance Near a School
-	0107	§44-53-445	0-10 yrs and/or up to $10,000	Felony	Serious
Purchase of a Controlled Substance within Proximity of a School
-	0892	§44-53-445	0-1 yr and/or up to $1,000	Misdemeanor
Possession of a Drug without a Valid Prescription
-	2738	§40-53-86(E)	0-2 yrs and/or up to $500	Misdemeanor