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Differences between drug possession and possession with intent

You’re driving along, are pulled over and now you’re in a jam. You’ve got drugs in the car and don’t know what to do. In South Carolina, cops don’t need evidence of drug dealer paraphernalia to charge you for possession with intent to sell if the amount of drugs your carrying is a certain weight (the weight differs from drug to drug).

Overcharging is common in situations dealing with drug charges. The differences between charges associated with possession and possession with intent to sell are drastic dependent on the drug.

Understanding drug laws can be tough. The scale that authorities use to determine intent to sell is as follows:

  • Ten grains of cocaine
  • 100 milligrams of alpha-or-beta-eucaine
  • Four grains of opium or morphine
  • Two grains of heroin
  • 100 milligrams of the opioid isonipecaine
  • One ounce (28 grams) of marijuana
  • Ten grams of hashish
  • 50 micrograms (0.5 milligrams) of LSD or associated blends

Digging a little deeper will inform you of the different penalties associated with possession or possession with intent when dealing with meth, cocaine or marijuana.

Possession

If charged and convicted with meth or cocaine possession of less than one gram in South Carolina, the penalties will include:

  • First offense: Fine up to $5,000 or prison time up to a maximum of three years, or both
  • Second offense: Fine up to $7,500 or prison time up to a maximum of five years, or both
  • Third or next offense: Fine up to $12,500 or prison time up to a maximum of 10 years, or both

These charges will classify as a misdemeanor or felony dependent on the circumstances.

If charged and convicted with marijuana possession of less than one ounce or 28 grams in South Carolina, the penalties will be:

  • First offense: Fine of up to $200 or imprisonment up to a maximum of 30 days
  • Second or next offense: Fine up to $1000 or imprisonment up to a maximum of one year, or both

These charges will classify as a misdemeanor.

Possession with intent to sell

When you are charged and convicted with possession of meth, cocaine or marijuana with intent to sell, the penalties will include:

  • First offense: Fine up to $5,000 or prison time up to a maximum of five years, or both

Continuing offenses will see harsher penalties.

Note: The above listed penalties only apply to possession with intent to sell. The penalties are far greater when including possession, manufacturing and trafficking of meth, cocaine or marijuana. If you are wondering about penalties associated with that situation, it would be best to contact an attorney.

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Over my career, I have earned a number of honors reflecting my
professionalism and commitment to my clients. These awards include:

    • 10 best 2016 client satisfaction American institute of personal injury attorneys
    • 10 best 2016 client satisfaction American institute of criminal law attorneys
    • Martindale-Hubbell | Distinguished | Peer Rated for High Professional Achievement | 2019
    • National Academy of Criminal Defense Attorneys
    • The National Trial Lawyers | Top 100 Trial Lawyers
    • The National Trial Lawyers | Top 40 Under 40
    • Top Young Attorneys | 2014 | Rising Stars selected by Peer Recognition and Professional Achievement
    • Rated By Super Lawyers | Rising Stars | Ryan L. Beasley | SuperLawyers.com
    • Nationally Ranked Superior DUI Attorney By the nafdd | 2013
    • America's Most Honored Professionals | Ryan L. Beasley
    • Martindale-Hubbell | Client Champion | Gold / 2019
    • Expertise | Best Criminal Defense Lawyers in Greenville
    • 2015 Legal Elite of the Upstate | Greenville's Top Attorneys
    • Legal Elite of the Upstate
    • Legal Elite of the Upstate 2013-2018
    • Client Distinction Award | Ryan L. Beasley, Esq.
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