SOUTH CAROLINA DRUG CHARGES LAWYER

Defending Your Future, Not Just Your Case

Drug cases in South Carolina often rise or fall on the details: why you were stopped, how a search happened, what was actually found, who it belonged to, how it was tested, and whether the State can prove knowledge and possession beyond assumptions. We approach drug charges with discipline, preserving key evidence early, testing the legality of the police encounter, and building a defense strategy that matches the facts and the stakes.

Ben Hasty, founding attorney of Carolina Law, LLC and Carolina Criminal Defense in York County, South Carolina

Drug Charges We Defend

SIMPLE POSSESSION OFFENSES

From small-quantity possession allegations to cases built on “constructive possession,” we focus on what the State must prove: knowledge, control, and reliable identification of the substance, plus whether the stop, search, and seizure were lawful.

PWID AND DISTRIBUTION OFFENSES

PWID allegations often rely on packaging, quantity, cash, or statements, not just lab results. We scrutinize how intent is inferred, whether evidence was lawfully obtained, and whether the facts truly support an “intent” charge versus possession.

TRAFFICKING LEVEL OFFENSES

High-stakes drug cases demand early, trial-ready preparation. We examine controlled buys, informant credibility, surveillance, warrants, chain of custody, weight calculations, and lab testing, because each link in the State’s case matters.

Understanding Drug Charges in South Carolina

South Carolina drug charges aren’t just about the substance: classification, weight thresholds, location, alleged intent, and prior history can dramatically change exposure. Many cases begin with a traffic stop, a probation search, a warrant, or a call for service. Early assumptions can become the foundation of the case unless the evidence is tested carefully.

Common Drug Allegations We See

  • Possession of controlled substances
  • Marijuana-related offenses (possession, distribution)
  • Prescription drug allegations (pills without valid authorization)
  • PWID (possession with intent)
  • Distribution / sale allegations
  • Trafficking (often weight-based)
  • Manufacturing / cultivation allegations
  • Drug paraphernalia charges

What the State Typically Must Prove

  • Identity: what the substance is (lab confirmation matters)
  • Possession: actual vs constructive possession
  • Knowledge: awareness and control, not mere proximity
  • Intent (if charged): evidence supporting “intent to distribute” beyond speculation

Where Drug Evidence Comes From

  • Traffic stops and vehicle searches
  • Consent searches (and disputes about what was consented to)
  • Search warrants (home, phone, vehicle)
  • K-9 alerts and probable cause claims
  • “Plain view” assertions
  • Controlled buys / confidential informants
  • Surveillance, messages, and call logs

Drug Charges We Defend

  • Marijuana
  • THC Concentrates, Vape Cartridges, and Edibles
  • Cocaine / Crack cocaine
  • Methamphetamine
  • MDMA / Ecstasy
  • Fentanyl (and mixtures)
  • Opioids (Oxycodone, Hydrocodone, Heroin)
  • Adderall
  • Xanax (alprazolam)
  • Klonopin (clonazepam)
  • Subone / buprenorphine
  • Psilocybin mushrooms
  • Ketamine
  • Steroids / anabolic agents

A good defense starts by identifying which parts of the State’s story are assumptions, and which are provable facts.
Not sure where your case fits? Visit our FAQs to learn more.

Building Your Drug Charges Defense

Drug cases often look straightforward on paper until you examine the decision points: why police engaged you, whether the search was lawful, how evidence was handled, and whether the State can actually prove possession and knowledge. We build defenses around objective proof and legal pressure points, not generic arguments.

  • Reviewing the stop, detention, and search for constitutional issues
  • Challenging consent claims and search scope
  • Examining warrant affidavits for accuracy and reliability
  • Testing constructive possession theories (who had access/control)
  • Scrutinizing lab methods, contamination risk, and chain of custody
  • Reviewing weights, thresholds, and charging enhancements
  • Analyzing statements and alleged admissions (and how they were obtained)
  • Evaluating suppression motions where supported by the facts

Our job is to force the case to prove itself, step by step.

What to do next in your dui case

Unsure what happens next?

We’ll explain the process and your options step-by-step.

Talk to a Lawyer Today

Confidential, straightforward guidance on next steps.

How We Build Drug Charges Defenses

Many drug cases start with a traffic stop or an initial contact where the justification matters. We review the stated reason, timing, bodycam/dashcam, and whether the encounter escalated lawfully.

Was consent requested? Was it voluntary? Did the search exceed what was allowed? Was a warrant valid and properly executed? Search details can be the difference between strong leverage and a weak case.

The State may argue “constructive possession” based on proximity or access. We focus on what proves knowledge and control and what is merely association or location.

Drug identity and weight often come from lab results and evidence handling. We examine documentation, chain of custody gaps, and whether testing supports the charged offense level.

PWID and trafficking cases often rely on inference: packaging, quantity, cash, messages, or informants. We test whether the evidence actually supports “intent” or higher-level allegations.

Court Process and What Happens Next

Drug cases move through predictable stages, but the strategy depends on the evidence and charge level. Early decisions matter, especially regarding evidence preservation, discovery posture, and whether the case presents suppression issues.

  1. STEP 1: Arrest / Charge Filing
    Get clarity on the exact charges, alleged substance, and the basis for the search or seizure.
  2. STEP 2: Early Case Review
    We assess the stop/search, possession theory, testing, and whether key video or digital evidence needs to be preserved immediately.
  3. STEP 3: Discovery and Strategy
    We review reports, video, warrants, lab documents, and witness/informant materials where available—then decide whether motions, negotiation posture, or trial preparation is the right track.
  4. STEP 4: Resolution Planning
    Depending on evidence strength and goals, the case may resolve through dismissal efforts, negotiated outcomes, or trial litigation.

One quick call can prevent avoidable damage. If you’ve been arrested or accused, contact us as soon as possible.

Talk to a Lawyer Today

Confidential, straightforward guidance on next steps.

How the State Builds their case

Many cases depend on what an officer claims they observed: odor, “furtive movements,” nervousness, or “plain view.” We compare the report to video and objective facts.

The legality of the search is often the central issue. Consent disputes, K-9 claims, warrant scope, and probable cause all matter.

Charges can hinge on what the lab confirms and how weight is calculated. We examine whether the documentation supports the charge level and thresholds.

People can be pressured into explanations that become “admissions.” We evaluate how statements were obtained and whether they’re reliable or admissible.

In distribution cases, the State may rely on controlled buys, cooperating witnesses, or digital communications. Informant credibility and corroboration are critical pressure points.

What To Do After a Drug Charge

  1. Write down a timeline while details are fresh (stop location, reason given, what was said, who searched what, who was present).
  2. Preserve documents you received (tickets, bond paperwork, inventory sheets, tow paperwork).
  3. Do not delete messages or photos—digital evidence can cut both ways, and preservation matters.
  4. Avoid explaining the case to anyone besides your lawyer.
  5. Talk to a defense lawyer early to evaluate search issues, possession theory, and the real stakes.

Penalties and Consequences for Drug Charges

Criminal Exposure

Penalties vary based on the alleged substance, weight, charge level (possession vs PWID vs trafficking), and prior history. Some cases carry mandatory or enhanced sentencing risk depending on the statute and alleged conduct.

Potential criminal penalties may include:

  • Jail or prison exposure depending on charge level
  • Fines, court costs, and supervision requirements
  • Probation conditions and compliance monitoring
  • Drug testing or treatment requirements in some cases
  • Restrictions tied to bond or court orders while the case is pending

Real-World Consequences

Drug allegations can create pressure outside the courtroom:

  • Employment and professional licensing concerns
  • School discipline or scholarship risk
  • Housing and background checks
  • Driver’s license and transportation impacts (case-dependent)

Drug Charges Legal Fees and What Affects Cost

We offer clear, upfront pricing based on charge severity, complexity, and the amount of litigation the case is likely to require. After intake, we can usually place a case into a fee tier and explain what the defense process will look like.

What Affects Cost

  • Charge type (possession vs PWID vs trafficking/distribution/manufacturing)
  • Quantity/weight issues and threshold disputes
  • Search and seizure complexity (video volume, warrant review, motion practice)
  • Lab testing issues and chain of custody concerns
  • Number of defendants or related investigations
  • Digital evidence volume (messages, phone data, social)
  • Whether the case is trial-postured or motion-heavy

Where We Help Clients

We represent clients across South Carolina. If you’re facing charges anywhere in the state, we can explain what to expect, what matters most early, and how to protect your options moving forward, especially in the first days after an arrest.

Talk to a Lawyer

We’ll give you a straightforward assessment of next steps and what issues matter most early in the case.

Confidential consultation. Responsive communication.

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Drug Charges FAQs

Yes. The State may argue “constructive possession” based on access, proximity, or control, especially in vehicles or shared spaces. Whether that theory holds up depends on specific facts and evidence.

PWID typically adds an allegation of “intent to distribute,” which may be inferred from quantity, packaging, cash, messages, or other circumstances. The evidence must support intent, not just suspicion.

Warrantless searches are sometimes lawful and sometimes not, depending on consent, probable cause, search incident to arrest, vehicle exceptions, and other rules. Video and documentation are often key to evaluating legality.

In many cases, the State relies on lab testing to prove identity and, in weight-based cases, thresholds. How evidence is handled (chain of custody) and what the lab actually confirms can be central issues.

Charging documents and bond paperwork, any paperwork from the stop/search (tickets, inventory sheets), a timeline of events, names/contact info for witnesses, any relevant photos/video you have (and do not delete messages).

If you don’t have everything yet, still call, missing paperwork shouldn’t delay getting a plan in place.

The information on this page is provided for general informational purposes only and does not constitute legal advice. Every case is different, and outcomes depend on the specific facts, evidence, and applicable law. Viewing this page or contacting our firm does not create an attorney-client relationship. You should consult a qualified attorney regarding your specific situation.

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