What Are the Penalties for Drug Possession in South Carolina and Georgia?
February 23, 2023
Understanding Drug Possession Laws in SC & GA
Drug possession is a serious criminal offense in both South Carolina and Georgia, carrying harsh penalties that can include fines, jail time, and permanent criminal records. The severity of the punishment depends on:
- The type of drug involved
- The quantity of the drug
- The defendant’s prior criminal history
- Whether the intent was for personal use or distribution
Both states have mandatory minimum sentences for many drug-related offenses, meaning that judges have limited discretion in sentencing. Repeat offenders face enhanced penalties, including longer prison sentences and higher fines.
Suppose you have been charged with drug possession, possession with intent to distribute, or drug trafficking. In that case, you need an experienced drug crimes attorney to protect your rights and fight your charges.
Call 843-865-8922 today to discuss your case with a skilled drug defense lawyer.
What Are the Penalties for Simple Drug Possession in South Carolina & Georgia?
South Carolina Drug Possession Penalties
Marijuana (Simple Possession – First Offense)
- Up to 30 days in jail
- Fine of up to $200
- Potential for diversion programs
Cocaine & Methamphetamine (First Offense)
- Up to 5 years in prison
- Fine of up to $5,000
Heroin, Fentanyl, LSD (First Offense)
- Up to 2 years in prison
- Fine of up to $5,000
Georgia Drug Possession Penalties
Marijuana (Simple Possession – Less Than 1 Ounce)
- Misdemeanor
- Up to 12 months in jail
- Fine up to $1,000
Schedule I & II Drugs (Cocaine, Heroin, Meth – First Offense)
- Felony
- 2-15 years in prison
- Higher penalties for repeat offenses
Prescription Drugs Without a Prescription
- Up to 5 years in prison
- Fines vary based on the substance
Charged with drug possession? Call 843-865-8922 immediately.
Possession with Intent to Distribute (PWID) – What You Need to Know
Possession with intent to distribute (PWID) refers to possessing a drug with the intent to sell or distribute it. The penalties for PWID are significantly more severe than simple possession charges.
South Carolina PWID Penalties (First Offense)
- Marijuana – Up to 5 years in prison, fine up to $5,000
- Cocaine & Methamphetamine – Up to 15 years in prison, fine up to $30,000
- Heroin & Opioids – Up to 20 years in prison, fine up to $25,000
Georgia PWID Penalties (First Offense)
- Marijuana (More Than 1 Ounce) – Up to 10 years in prison, fine up to $10,000
- Cocaine & Methamphetamine – Up to 30 years in prison, fine up to $100,000
- Heroin & Opioids – Up to 25 years in prison, fine up to $50,000
A conviction for PWID can result in a felony record that follows you for life.
If you are facing PWID charges, contact a lawyer immediately at 843-865-8922.
Drug Trafficking Penalties in South Carolina & Georgia
Drug trafficking is the most serious drug crime and involves selling, transporting, or importing large amounts of controlled substances.
South Carolina Drug Trafficking Penalties (First Offense)
- Marijuana (10-99 lbs.) – 1-10 years in prison, fine up to $10,000
- Cocaine & Meth (10-28g) – 3-10 years in prison, fine up to $25,000
- Heroin, Fentanyl (4-14g) – 7-25 years in prison, fine up to $50,000
Georgia Drug Trafficking Penalties (First Offense)
- Marijuana (10-2,000 lbs.) – Felony, 5-30 years in prison, fine up to $100,000
- Cocaine & Meth (28-200g) – Felony, 10-30 years in prison, fine up to $200,000
- Heroin, Fentanyl (4-14g) – Felony, 10-25 years in prison, fine up to $100,000
Drug trafficking convictions carry mandatory minimum sentences, meaning you MUST serve time if convicted.
Facing drug trafficking charges? Call 843-865-8922 immediately.
How Can a Drug Crimes Lawyer Help?
- Protect Your Rights – Ensure your Fourth Amendment rights weren’t violated during searches and seizures.
- Challenge the Evidence – Attack illegal police procedures and unreliable lab results.
- Negotiate Reduced Charges – Seek dismissals, plea deals, or entry into drug diversion programs.
- Fight for Your Freedom in Court – Build a strong legal defense and challenge prosecutors’ claims.
Drug possession charges can destroy your future. Fight back with an aggressive legal defense.
Call 843-865-8922 for a case review today.
Frequently Asked Questions (FAQs) About Drug Possession in South Carolina & Georgia
1. What is the difference between drug possession and possession with intent to distribute?
- Simple possession means the drugs were for personal use.
- PWID means you intended to sell or distribute the drugs, often based on quantity, packaging, or other evidence.
2. Can I go to jail for a first-time drug possession charge?
- Yes – Both SC and GA have mandatory penalties, even for first-time offenders.
- However, an attorney may be able to negotiate alternatives like probation or drug treatment programs.
3. Will a drug possession conviction stay on my record forever?
- Yes, unless you qualify for expungement.
- Some first-time, non-violent offenses may be expunged or pardoned under state laws.
4. Can the police search my car without a warrant?
- Not without probable cause.
- If drugs were found after an illegal search, an attorney can move to suppress the evidence.
5. What should I do if I am arrested for drug possession?
Follow these steps:
- Remain silent – Do not answer police questions.
- Do not consent to searches – Ask if you are free to leave.
- Call a lawyer immediately – The sooner you get legal representation, the better your chances.
Charged with drug possession? Call 843-865-8922 for immediate legal help.
Get Aggressive Legal Defense for Drug Possession Charges in SC & GA
Drug possession charges can ruin your future, but you do have options. The right legal defense can reduce charges, prevent jail time, or even get your case dismissed.
At Bannon Law Group, LLC, we are dedicated to protecting your rights and fighting for the best possible outcome in your case.
Call 843-865-8922 or contact us for a case evaluation today.