Is Possession Of A Controlled Substance A Felony In South Carolina?

SC Drug Charges: Possession, Distribution, Trafficking,…Marijuana.Cocaine, Cocaine Base (Crack)Heroin.Methamphetamine.Ecstasy.LSD.Ephedrine.Schedule I-V Narcotic & Non-narcotic Drugs.More items…•.

How do you prove constructive possession?

To convict you of constructive possession, however, the state must prove that you knew the drugs were present, knew they were illegal and had “control” over them. Mere proximity to the drugs is usually not enough to convict someone in this type of case.

Is there a stand your ground law in South Carolina?

South Carolina has a “stand your ground” law which protects those who use force in self-defense.

What happens if a minor gets caught with a dab pen?

If you are under the age of 21 and caught in possession of marijuana or hashish, you will be charged with an infraction. This can lead to a number of penalties, including a fine of up to $100, if you are aged 18 or over. … It is also an infraction to cultivate up to six marijuana plants if you are under the age of 21.

What is considered a felony in South Carolina?

Felonies are serious crimes. They include murder, rape, kidnapping and armed robbery. … South Carolina classifies felonies at six levels: Class A Felony – Punishable by up to 30 years in prison.

Is CBD oil illegal in South Carolina?

Marijuana possession has yet to be decriminalized in the state of South Carolina, and there are absolutely no laws allowing for recreational or medical marijuana or marijuana-derived products. … The recreational and medicinal use of hemp-derived CBD is completely legal in SC and has been since 2017.

How much does it cost to have your record expunged in South Carolina?

Get Help Expunging Your Record in South Carolina for a Low Fee of $125. South Carolina’s expungement laws can be confusing, and attempting to decipher your criminal record can be challenging.

Is possession of a controlled substance a felony in Florida?

The state of Florida takes possession, manufacturing and trafficking of controlled substances very seriously, and sets out serious penalties for even the most low-level offender. Under Florida Statute, 893.13(6)(a), it is a felony to be in possession of a controlled substance for which you do not have a prescription.

Are DAB pens a felony in South Carolina?

Simple possession of marijuana in South Carolina is a misdemeanor punishable by not more than 30 days in jail and a fine between $100 and $200. … PWID in South Carolina is a felony charge and penalties include a fine up to $5,000 and/or up to 5 years in prison. Distribution of marijuana is handled the same way as PWID.

How do I get a simple possession charge expunged in SC?

To qualify for expungement, one year must pass from the date of your conviction, and you must have no subsequent or prior convictions. You received a conditional discharge from the court, and you fulfilled all the terms of your discharge. General misdemeanor.

What does it mean if something is a controlled substance?

A drug or other substance that is tightly controlled by the government because it may be abused or cause addiction. The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids.

Can I shoot someone on my property in SC?

“As long as they are in the commission of a violent crime, then you can use deadly force if necessary.” That said, you shouldn’t get the impression you can shoot someone for simply trespassing on your property. Hill says they have to be committing a violent crime.

Does South Carolina have a Romeo and Juliet law?

In South Carolina, there is a Romeo and Juliet exemption for consensual sex between a minor who is 14 or older and a defendant who is 18 years old or younger. … However, sex with a minor younger than 14 is always a felony, no matter the age of the defendant.

What is the mandatory minimum sentence for drug possession in Florida?

Florida Minimum Mandatory Drug SentencesMandatory Minimum SentenceAmount of Controlled SubstanceFine15 Years50 to 200 grams Hydrocodone$500,00015 Years25 to 100 grams Oxycodone$500,00015 Years14 Grams of Opiates$100,00015 Years10,000 pounds/plants of Cannabis$200,00035 more rows

Is possession with intent to distribute a felony in South Carolina?

Generally speaking, there are three types of drug crimes in South Carolina; possession, possession with intent to distribute, and trafficking. … Possession is the least serious, possession with intent to distribute (PWID) is a felony, and trafficking is also a felony.

Can a possession of a controlled substance charge be dropped?

If you’ve been charged with possession of a controlled substance, there are a number of ways that a drug defense lawyer will be able to help you fight the charges. In some cases, they can even get the charges dismissed. … The controlled substance belonged to another person.

How long does a simple possession stay on your record in SC?

Drug charges stay on your criminal record for life unless you are able to have them expunged. This depends on the law that applies. There are some situations where a Simple Possession of Marijuana charge is eligible for expungement after three years.

How do you get a felony expunged in South Carolina?

You must wait until five years have passed since you completed your sentence, including probation or parole, and have no other convictions, including out of state convictions, while serving your sentence or in the five years after completing your sentence before you can apply for an expungement.