State legislators have enacted strict laws when it comes to drugs. Even if you do not intend to distribute or transport drugs, you can still be arrested and prosecuted for trafficking based on the weight of the drugs in your possession. A well-versed drug attorney could help you understand your options.
Drug trafficking convictions are always felonies, and a conviction could lead to extensive jail time, hefty fines, and put your civil rights at risk. One of your first priorities when facing criminal charges should be to contact a Greenville drug trafficking lawyer.
Drug Trafficking Charges Can Lead To Severe Penalties
State law recognizes three levels of drug crimes that can escalate from misdemeanors to serious felonies. You may face charges for simple possession if you are found with a small amount of an illegal substance that law enforcement officers can assume you have for personal use. These charges may increase to possession with intent to distribute if law enforcement officers find an amount of drugs exceeding what is considered legally reasonable for personal use or evidence of drug paraphernalia and anything used to produce, package, or sell illegal substances.
Trafficking is the most serious drug crime charge. People often believe you must transport a significant quantity of drugs across state or federal borders to face trafficking charges. This is not the case. Under state law, a person only has to be caught with a minimum amount of illegal substances to face drug trafficking charges. Note the threshold weight of some common illegal drugs below:
- 10 pounds of marijuana
- 10 grams of cocaine
- 10 grams of methamphetamine
- 4 grams of heroin
A skilled Greenville defense attorney could work to avoid a drug trafficking conviction by negotiating a dismissal, plea bargain, lesser charges, or by presenting a suitable defense to support a not-guilty verdict.
Penalties for First-Offense Drug Trafficking Convictions
Trafficking in Marijuana
- 1 – 100 pounds:
- First offense: A mandatory minimum sentence of one year and up to ten years;
- Second offense: A mandatory minimum sentence of five years and up to 20 years;
- Third offense: A mandatory sentence of 25 years.
- 100 – 2000 pounds: A mandatory minimum sentence of 25 years.
- 2000 – 10,000 pounds: A mandatory minimum sentence of 25 years.
- 10,000 pounds or more: A mandatory minimum sentence of 25 years and up to 30 years.
Trafficking in Cocaine, Crack Cocaine, or Meth
- 10 – 28 grams:
- First offense: A mandatory minimum sentence of three years and up to 10 years.
- Second offense: A mandatory minimum sentence of five years and up to 30 years.
- Third offense: A mandatory minimum sentence of 25 years and up to 30 years.
- 28 – 100 grams:
- First offense: A mandatory minimum sentence of seven years and up to 25 years.
- Second offense: A mandatory minimum sentence of 7 years and up to 30 years.
- Third offense: A mandatory minimum sentence of 25 years and up to 30 years.
- 100 – 200 grams: A mandatory sentence of 25 years.
- 200 – 400 grams: A mandatory sentence of 25 years.
- Greater than 400 grams: A mandatory minimum sentence of 25 years and up to 30 years.
Trafficking in Heroin
- 4 – 14 grams:
- First offense: A mandatory minimum sentence of seven years and up to 25 years;
- Second offense or greater: A mandatory sentence of 25 years;
- 14 – 28 grams: A mandatory sentence of 25 years.
- 28 grams or more: A mandatory minimum sentence of 25 years and up to 40 years in prison.
If allegations involve any element of your drug trafficking case happening in another state, you may face federal drug trafficking charges. Penalties for these charges involve doing time in federal prison.
A drug trafficking conviction could also affect your civil rights. If you are convicted of state or federal charges, you will be barred from owning firearms in South Carolina, and your ability to vote will be suspended until you serve your sentence and complete parole. Employers and mortgage lenders will also know about your record, which could impact your ability to seek stable employment and housing. Because of the severity of these penalties, if you are being investigated or are arrested on drug trafficking charges, you should make retaining an experienced Greenville attorney like Christopher L. Jones your top priority.
A Greenville Drug Trafficking Attorney Fights for Your Future
No matter the circumstances of your arrest, you deserve competent legal representation who can advocate on your behalf to pursue the best possible outcome. Attorney Christopher L. Jones is here to help you achieve that goal. Contact the firm today for an initial consultation.
