Possession of a Controlled Substance
The penalty for illegal possession of a controlled substance in South Carolina depends partly upon the classification of the drug. South Carolina categorizes drugs according to the Uniform Controlled Substances Act, in which drugs are classified according to their potential for abuse and how addictive they are.
Schedule I drugs are a category of drugs without legitimate medical use. They are also considered to have the highest potential for abuse and addiction. The following drugs are in the Schedule 1 list: heroin, LSD, peyote, marijuana, psilocybin (“magic mushrooms”) and MDMA (“Ecstasy”).
Drugs on the Schedule II list have some legitimate medical use, but have a strong potential for abuse and addiction to them is severe. Some substances on the Schedule II list are: cocaine, methamphetamine, morphine, oxycodone and methadone.
Schedule III drugs have a useful medical purpose and have less potential for abuse or addiction than drugs on the Schedule I or II list. Examples of Schedule III drugs are: ephedrine, anabolic steroids, some codeine, and ketamine (“Special K”).
Drugs included in the Schedule IV list also are considered medically useful and have less potential for abuse or addiction the drugs in the Schedule I, II or III list. Xanax, Clonopin, Tranxene, Darvocet, Valium, Rohypnol (“Roofies”), Ativan and Ambien are on the Schedule IV list.
The last of the classifications is Schedule V. Drugs on this list are medically useful and have a relatively lower potential for abuse or addition than the drugs on Schedules I-IV. Some examples are Codeine preparations and opium preparations.
If you are arrested and charged with possession a controlled substance, the penalties can range from a misdemeanor to a felony. Depending on the charge you could face mandatory minimum jail time and a fine.
Possession of a Schedule I(b), (c) narcotic, LSD, or Schedule II narcotic
First Offense
- Misdemeanor
- Up to 2 years in jail and/or
- Up to $5,000 fine
Second or Subsequent Offense
- Felony
- Up to 5 years in jail and/or
- Up to $5,000 fine
Unauthorized possession of a controlled substance in Schedule I – IV
First Offense
- Misdemeanor
- Up to 6 months in jail and/or
- Up to $1,000 fine
Second or Subsequent Offense
- Misdemeanor
- Up to 1 year in jail and/or
- Up to $2,000 fine
Everyone’s case is different, but if you are facing drug possession charges in South Carolina, you need an experienced attorney to guide you through the process of defending yourself. The lawyers at Bernstein & Bernstein have the knowledge and experience to help you do that. Contact us today.