South Carolina Drug Offense Penalties

Possible punishment if you are an adult convicted under South Carolina law of the following common drug offenses:

Marijuana

Possession of 1 ounce or less (10 grams or less of hashish)

  • First offense: Maximum of 30 days in jail or $100-$200 fine
  • Repeat offense: 1 year maximum in jail and/or $200-$1,000 fine

Possession of 1 ounce or more (10 grams or more of hashish)

  • First offense: Maximum of 6 months in jail and/or $1,000 maximum fine
  • Repeat offense: 1 year maximum in jail and/or $2,000 maximum fine

Manufacture, distribution or possession with intent to distribute

  • First offense: Maximum of 5 years in jail and/or $5,000 maximum fine
  • Second offense: Maximum of 10 years in jail and $10,000 maximum fine
  • Third-plus offense: Minimum of 5 years and maximum of 20 years in jail and/or maximum $20,000 fine

Trafficking (10 to 100 pounds)

  • First offense: Minimum of 1 year and maximum of 10 years in jail and mandatory $10,000 fine
  • Second offense: Minimum of 5 years and maximum of 20 years in jail and mandatory $15,000 fine
  • Third-plus offense: 25 years in jail and $25,000 fine

Trafficking (100 to 2,000 pounds)

  • All offenses: 25 years in jail and $25,000 fine

Trafficking (2,000 to 10,000 pounds)

  • All offenses: 25 years and $50,000 fine

Trafficking (10,000 pounds or more)

  • All offenses: 25 years minimum and 30 years maximum in jail and $200,000 fine

Cocaine – Powder

Possession of 10 grams or less

  • First offense: Maximum of 2 years in jail and/or $5,000 maximum fine
  • Second offense: Maximum of 3 years in jail and/or $5,000 maximum fine
  • Third-plus offense: Maximum of 4 years in jail and/or maximum $10,000 fine

Manufacture, distribution or possession with intent to distribute

  • First offense: Maximum of 15 years in jail and/or $25,000 maximum fine
  • Second offense: Minimum of 5 years and maximum of 30 years in jail and/or $50,000 maximum fine
  • Third-plus offense: Minimum of 15 years and maximum of 30 years in jail and/or maximum $50,000 fine

Trafficking (10 to 28 grams)

  • First offense: Minimum of 3 years and maximum of 10 years in jail and $25,000 fine
  • Second offense: Minimum of 5 years and maximum of 30 years in jail and $50,000 fine
  • Third-plus offense: Minimum of 25 years and maximum of 30 years in jail and $50,000 fine

Trafficking (28 to 100 grams)

  • First offense: Minimum of 7 years and maximum of 25 years in jail and $25,000 fine
  • Second offense: Minimum of 7 years and maximum of 30 years in jail and $50,000 fine
  • Third-plus offense: Minimum of 25 years and maximum of 30 years in jail and $50,000 fine

Trafficking (100 to 200 grams)

  • All offenses: 25 years in jail and $50,000 fine

Trafficking (200 to 400 grams)

  • All offenses: 25 years in jail and $100,000 fine

Trafficking (400 grams or more)

  • All offenses: 25 years minimum and 25 years maximum in jail and $200,000 fine

Cocaine – Rock (Crack)

Possession (1 gram or less)

  • First offense:  2 years minimum and 5 years maximum and minimum $5,000 fine
  • Second offense: 4 years minimum and 7 years maximum and minimum $10,000 fine
  • Third-plus offense: 10 years minimum and 15 years maximum and minimum $15,000 fine

Manufacture, distribution, purchase or possession with intent to distribute (1 gram or more)

  • First offense: 15 years minimum and 20 years maximum and minimum $25,000 fine
  • Second offense: 25 years minimum and 30 years maximum and minimum $50,000 fine
  • Third-plus offense: 30 years minimum and 40 years maximum and minimum $100,000 fine

Trafficking (100 grams or more)

  • All offenses: 25 years in jail and $50,000 fine

Heroin / Opium / Morphine

Trafficking (4 to 14 grams)

  • First offense: Minimum of 7 years and maximum of 25 years in jail and $50,000 fine
  • Second-plus offense: 25 years in jail and $100,000 fine

Trafficking (14 to 28 grams)

  • All offenses: 25 years in jail and $200,000 fine

Trafficking (28 grams or more)

  • All offenses: 25 years minimum and 40 years maximum in jail and $200,000 fine