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South Carolina SIMPLE POSSESSION

Category:
Federal - Jury Instructions - 4th Circuit
State:
South Carolina
Control #:
SC-FEDDC-JURY-21-844
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/
South Carolina Simple Possession is a criminal offense in which a person unlawfully possesses a controlled substance or drug classified as a Schedule I, II, or III controlled substance. The offense is considered a misdemeanor and is punishable by up to three years in prison and/or a fine of up to $1,000. There are four types of South Carolina Simple Possession: Possession of Narcotics, Possession of Marijuana, Possession of Controlled Substances, and Possession of Prescription Drugs. Possession of Narcotics involves the possession of a Schedule I or II narcotic drug or substance, such as heroin or cocaine. Possession of Marijuana involves the possession of a Schedule I or II marijuana-related substance, such as marijuana resin. Possession of Controlled Substances involves the possession of a Schedule III or IV controlled substance, such as anabolic steroids. Possession of Prescription Drugs involves the possession of a Schedule V controlled substance, such as cough syrup containing codeine.

South Carolina Simple Possession is a criminal offense in which a person unlawfully possesses a controlled substance or drug classified as a Schedule I, II, or III controlled substance. The offense is considered a misdemeanor and is punishable by up to three years in prison and/or a fine of up to $1,000. There are four types of South Carolina Simple Possession: Possession of Narcotics, Possession of Marijuana, Possession of Controlled Substances, and Possession of Prescription Drugs. Possession of Narcotics involves the possession of a Schedule I or II narcotic drug or substance, such as heroin or cocaine. Possession of Marijuana involves the possession of a Schedule I or II marijuana-related substance, such as marijuana resin. Possession of Controlled Substances involves the possession of a Schedule III or IV controlled substance, such as anabolic steroids. Possession of Prescription Drugs involves the possession of a Schedule V controlled substance, such as cough syrup containing codeine.

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FAQ

If a person is caught with 28 grams or less of marijuana, that person can be charged with simple possession. If convicted, the person can be fined or receive up to 30 days in jail. Simple possession is a misdemeanor that is prosecuted in Municipal or Magistrate's court.

Here is a brief overview of some of the most common reasons why a simple possession charge in South Carolina may be dropped or overturned: Plea Bargaining.Entrapment.Miranda Rights Violation.Unlawful Search or Seizure.Insufficient Evidence.Prosecutorial Discretion.

The jail sentence could be up to 30 days and the charge carries a maximum of a $200 fine. In simple possession cases, the first offense is charged as a misdemeanor, but any subsequent charge falls under felony status and comes with harsher penalties.

A simple possession charge of less than an ounce of marijuana for personal use is a misdemeanor under South Carolina marijuana laws. For a first offense, you may face 30 days of jail time and/or a fine. While a subsequent offense is also a misdemeanor, it carries heavier penalties.

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. Clients with a first-time simple possession charge may be eligible to enter a pre-trial intervention program or attend a drug abuse program to decrease their penalties.

First offense simple possession of any drug can now be expunged after three years; First offense possession of prescription drugs can be expunged after three years; and. First offense possession with intent to distribute (PWID) and drug can be expunged, however not until 20 years after completion of the sentence.

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More info

The simple possession of illegal drugs is a criminal offense under federal law2 and in many state jurisdictions. The offense occurs "when someone.(Simple) Possession is a term that refers to a drug charge in a weight of drugs generally considered to be intended for "personal use. Federal drug possession charges may carry heavier penalties that state possession charges. 21 U.S.C. 844 - Penalties for simple possession. View the most recent version of this document on this website. Those who successfully complete a diversionary program will have the charges against them dropped—no criminal record, no jail time. Simple possession describes the offense of possessing up to and including twenty grams of marijuana. Simple possession describes the offense of possessing up to and including twenty grams of marijuana. "Simple possession" refers to the crime of possessing a controlled substance without the intent to distribute it.

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