Overview of Drug Possession Laws in South Carolina

Drug possession laws across the nation are strict, but South Carolina has some of the harshest out there. If you are facing a drug possession charge, in other words, you should take the matter as seriously as the state does. The best approach is consulting with an experienced Greenville drug possession defense attorney at Ryan Beasley Law as soon after you’ve been charged as soon as possible.

The Charge of Drug Possession in South Carolina

The charge of drug possession in South Carolina hinges on the illegal drug being in your possession. To convict you of drug possession, the state must prove that you possessed the drugs in question.

Whether the possession charge is simple possession or possession with the intent to distribute (PWID), which is an even more serious crime, is often based on the amount. In other words, simply proving that you had a specific amount of a specific drug can support a PWID conviction, without proving that you intended to distribute the drug.

For example, possession of more than an ounce of marijuana can lead to a PWID charge. The crime is a felony, and the one-ounce limit is among the strictest thresholds in the nation.

Actual Possession vs. Constructive Possession

The possession factor in drug possession cases can be actual or constructive.

Actual Possession

Being in actual possession of an illegal drug means just what it says: that you were in physical possession of the illegal substance. All the following qualify:

• The drug was in your pocket.
• The drug was in your hand.
• The drug was in the bag you were carrying on you.

Being in actual possession of an illegal drug does not mean that a conviction is automatic. Generally, however, it is less challenging for the state to draw a direct line from actual possession to guilt. It’s also important to note that the laws regarding search and seizure play a critical role in drug possession charges.

Constructive Possession

Constructive possession is more common in South Carolina drug possession cases, and it’s a more complicated legal matter. The basic concept when it comes to constructive possession is proving that the accused not only had control over the area in which the drugs were located but also knew they were there.

Situations that can support findings of constructive possession include the following:

• The drugs were found in your apartment or in an apartment you were staying at.
• The drugs were found tucked somewhere in your vehicle or in a vehicle you were driving or riding in.
• The drugs were found in your vicinity, such as on the ground near where you were sitting or standing.

At this point, the state must prove that you had control over the space in question, such as if the drugs were found in your car or your home. Finally, they must demonstrate that you knew the drugs were there, which can be difficult to accomplish.

Discuss Your Case with an Experienced Greenville Drug Possession Defense Lawyer

Our dedicated Greenville drug possession defense attorneys at Ryan Beasley Law have the legal insight and skill to help strategize a solid defense that supports a beneficial case resolution for you and, in turn, bolsters your future. For more information, please don’t delay contacting us online or giving our firm a call at 864-756-4204 today.