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Frost Law GroupSummerville, SC(843) 419-6653
Criminal defense · Summerville, SC

Drug Charges in Summerville, SC

Jack Frost investigated narcotics cases for years before he defended them. Here is how South Carolina drug charges work and where they fall apart.

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The three levels

ChargeWhat it meansWhere it is tried
Simple possessionA personal-use amount—for marijuana, one ounce or less on a first offenseMagistrate or municipal court (first offense)
Possession with intent to distribute (PWID)A larger amount, or possession with packaging, scales, cash or messages suggesting sale; an amount over the statutory threshold is prima facie evidence of intentGeneral Sessions
TraffickingPossession of a quantity at or above the trafficking threshold, regardless of intent to sell—with mandatory minimum sentencesGeneral Sessions

The controlling statute is S.C. Code § 44-53-370; penalties depend on the drug schedule, the weight, and prior convictions. Proximity to a school or park adds a separate charge.

First offense? There may be a way out

For a first simple-possession charge, South Carolina's conditional discharge statute (S.C. Code § 44-53-450) allows the court to defer proceedings and dismiss the charge after a period of probation-style conditions—leaving no conviction and, after the waiting period, an expungeable record. Pretrial intervention (S.C. Code § 17-22-10 et seq.) is available for many first-time offenders facing more serious charges, with dismissal on completion. Jack knows which prosecutors offer which programs and when to ask.

Where drug cases fall apart

  • The search. A traffic stop stretched into a search without consent, probable cause or a warrant; a “knock and talk” that became an entry; a K-9 sniff that extended the stop unlawfully.
  • Possession itself. Drugs in a shared car or house belong to nobody until the State proves knowledge and control. Constructive-possession cases are among the weakest prosecutors bring.
  • The weight. Trafficking thresholds are exact; packaging, moisture and lab method matter.
  • Informants and controlled buys. Reliability, corroboration and whether the warrant affidavit told the whole truth—Jack has written these affidavits and knows how they are supposed to read.
  • Chain of custody and the lab. Every hand the evidence passed through, documented.

Collateral consequences

A drug conviction can cost federal student aid, a professional license, public housing, immigration status and a security clearance. Diversion and reduced charges are usually worth more than the sentence itself, and we plan the defense around what you stand to lose.

Drug charge in Dorchester, Berkeley or Charleston County?

Say nothing to investigators. Call Jack, and bring every piece of paper you were given.

Schedule a consultation(843) 419-6653

Questions people ask

Is marijuana legal in South Carolina?

No. Possession of any amount remains a crime, though first-offense simple possession is a magistrate-level misdemeanor with diversion options.

They found drugs in my car but they weren't mine.

That is a constructive-possession case, and the State must prove you knew about the drugs and had control over them. These cases are very defensible.

Can a drug charge be expunged?

Many first-offense simple-possession dispositions can, after the waiting period, and dismissed charges are expunged automatically or on request. See expungements.

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