What are mandatory minimums for drug offenses?
Mandatory minimums are pre-determined sentences that judges must abide by when handing out sentences to defendants convicted of certain offenses. That is, a judge may not sentence a defendant to any amount of time less than the law says. Mandatory minimums may include both jail time and fines.
Laws regarding offenses and mandatory minimum sentences vary by state, and the federal government has its own laws regarding mandatory minimums, too.
Does South Carolina Have Mandatory Minimums for Drug Offenses?
Yes, South Carolina currently has mandatory minimum sentences for many drug offenses. It has mandatory minimum sentences for possession with intent to distribute and drug trafficking. (See below for more.) South Carolina does not have mandatory minimum sentences for simple possession.
Efforts have been made in recent years to eliminate drug-related mandatory minimums in South Carolina entirely. South Carolina House bill H. 3623 passed the House in April, 2021, but has not passed the Senate – at least, not yet. If and when the bill is passed and signed into law, drug-related mandatory minimums would be eliminated going forward, giving judges more discretion when it comes to sentencing. Additionally, inmates currently incarcerated under mandatory minimum sentencing laws could have their sentences revised or reduced.
However, as of fall 2023, the mandatory minimum laws are still on the books. Here’s what to know about mandatory minimum sentences for drug offenses in South Carolina.
Mandatory Minimum Sentences for Drug Offenses in South Carolina
As of fall 2023, South Carolina does enforce mandatory minimum sentences on many drug offenses, though not on simple possession charges. Sentences depend on the type of drug, amount, and more.
Here are some of the mandatory minimum sentences for drug offenses in South Carolina for some of the most common drugs:
Possession with intent to distribute is a more serious charge than simple possession and it depends on the total weight of the drug in possession, which varies by drug. Mandatory minimum sentences in South Carolina for possession with intent to distribute:
– Marijuana, 3rd offense: 5-year minimum
– Cocaine / cocaine base (crack) / heroin, 2nd offense: 5-year minimum and/or a fine not more than $50,000
– Cocaine / cocaine base (crack) / heroin, 3rd or subsequent offense: 10-year minimum and/or a fine not more than $50,000
Possession of ten pounds or more of marijuana is a felony and is considered drug trafficking in marijuana. Mandatory minimum sentences in South Carolina for drug trafficking in marijuana:
– 10 – 100 pounds:
– 1st offense: 1-year minimum and a fine of $10,000
– 2nd offense: 5-year minimum and a fine of $15,000
– 3rd or subsequent offense: 25-year minimum and a fine of $25,000
– 100 – 2,000 pounds: 25-year minimum and a fine of $25,000
– 2,000 – 10,000 pounds: 25-year minimum and a fine of $50,000
– 10,000+ pounds: 25-year minimum and a fine of $200,000
Possession of 10 grams or more of certain drugs including cocaine, cocaine base (crack), and methamphetamine is a felony and considered trafficking in that substance. Mandatory minimum sentences in South Carolina for drug trafficking in cocaine, cocaine base (crack), or methamphetamine:
– 10 – 28 grams:
– 1st offense: 3-year minimum and a fine of $25,000
– 2nd offense: 5-year minimum and a fine of $50,000
– 3rd offense: 25-year minimum and a fine of $50,000
– 28 – 100 grams:
– 1st or 2nd offense: 7-year minimum and a fine of $50,000
– 3rd or subsequent offense: 25-year minimum and a fine of $50,000
– 100 – 200 grams: 25-year minimum and a fine of $50,000
– 200 – 400 grams: 25-year minimum and a fine of $100,000
– 400+ grams: 25-year minimum and a fine of $200,000
Possession of 4 grams or more of certain morphine and related drugs is a felony considered “trafficking in illegal drugs.” Mandatory minimum sentences in South Carolina for drug trafficking of heroin, morphine, opium, and similar substances:
– 4 – 14 grams:
– 1st offense: 7-year minimum and a fine of $50,000
– 2nd offense or subsequent offense: 25-year minimum and a fine of $100,000
– 14 – 28 grams: 25-year minimum and a fine of $100,000
– 28+ grams: 25-year minimum and a fine of $200,000
This is just a brief overview of some of the mandatory minimums for the most common drugs. South Carolina also has mandatory minimums for drug offenses for other drugs including methaqualone, LSD, flunitrazepam, GHB, and MDMA.
Refer to South Carolina Code Section 44-53-370 and following sections for more details and/or consult with a criminal defense attorney.
Call the Criminal Defense Attorneys at The Carolina Law Group
If you’re found guilty of a drug offense in South Carolina that carries a mandatory minimum sentence, can you “get out” of it? Generally, no. Judges are bound by the law and cannot hand out a shorter sentence. If you’ve been charged with a drug offense in South Carolina, it’s vital that you work with an experienced criminal defense attorney who knows the system and will fight for your rights. The criminal defense lawyers at The Carolina Law Group are here for you and are ready to help you if you’ve been arrested or charged with a drug offense or other criminal offense in South Carolina. Call one of the numbers below to schedule a free, no-obligation consultation to talk about your situation, and take the first step today towards having your record cleared.
The Carolina Law Group has four offices in South Carolina for your convenience: Greenville (principal office; call 864.312.4444), Greer (principal office; call 864.757.5555), Spartanburg (principal office; call 864.312.4444) & West Columbia (principal office; call 803.881.1110).
Call us at one of our four offices or contact us online to schedule your free consultation with one of our attorneys. Our business hours are Monday – Thursday 8:30am – 5:30pm & Friday 8:30 am – 5 pm. Weekend and evening hours by appointment only. Our Greenville, SC law firm offers Spanish, Hindi, and Gujarati language translation services for your convenience.