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South Carolina DISTRIBUTION OR POSSESSION WITH INTENT TO DISTRIBUTE

State:
South Carolina
Control #:
SC-FEDDC-JURY-21-841
Format:
Rich Text
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/

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FAQ

Possession with intent to distribute carries the same penalties as distribution or delivery, meaning that it is usually a class C felony. Possession of a controlled substance is a class D felony. This carries substantially less penalties.

Missouri law, specifically MO RS 579.020, states that ?knowingly possessing a controlled substance with the intent to distribute or deliver any amount of said controlled substance? is a class C felony.

In general, the penalties for drug possession include: Class D misdemeanor: Fine of up to $500. Class A misdemeanor: Up to 1 year in jail and a fine of up to $2,000. Class D felony: Up to 7 years in prison.

The offense of unlawful distribution of a controlled substance in a protected location is a class A felony.

A marijuana vape pen, or oils, or ?dabs? (often looks like butter or cloudy honey) contain THC (tetrahydrocannabinol) and will likely be accused as a felony. SC laws don't allow psychoactive THC products for recreational use.

Do First-Time Drug Offenders Go to Jail? First-time offenders charged with a Class A misdemeanor can expect to pay fines of up to $1,000 and spend a year in jail. If found guilty of Class D felonies, they will face a more serious penalty of up to seven years in prison and fines of up to $10,000.

Narcotic drug or LSD: imprisonment for not more than 15 years or a fine of not more than $25,000, or both. §44-53-370(b)(1). 2. Substances, other than narcotics or LSD, in Schedule I, II, or III: imprisonment for not more than five years or a fine of not more than $5,000, or both.

Trafficking charges in South Carolina are usually based on the weight of the drug - possession of greater than ten grams of cocaine or cocaine base, four grams of heroin, or ten pounds of marijuana is considered trafficking under South Carolina law.

More info

To "possess with the intent to distribute" means to possess with intent to deliver or transfer possession of a controlled substance to another person, with or without any financial interest in the transaction. The possession of illegal drugs with intent to sell them is a serious crime with stiffer penalties.To learn more, see FindLaw's section on Drug Charges. In criminal law cases, "intent to distribute" narcotics can be proven with direct or with circumstantial evidence. Possession with intent to distribute, also known as PWID for short, is classified as a felony offense if the offender is on a subsequent offense. For distribution or intent to distribute a controlled substance class D or E, the charge is a misdemeanor, but the consequences can still be severe. Keep in mind that "possession with intent to distribute" means the state must prove both "possession" and "intent. Possession with intent to distribute is a more serious crime. But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states. But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states.

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South Carolina DISTRIBUTION OR POSSESSION WITH INTENT TO DISTRIBUTE