Trafficking
In South Carolina, Drug Trafficking does not mean that the individual is a drug king pin or even sought to distribute drugs. Trafficking is possession of a threshold amount of drugs that the law presumes is intended to be trafficked, whether it is or not. Trafficking is determined by the weight of the drugs involved. It means you possessed a quantity of drugs in excess of the threshold weight or conspired to possess an amount of drugs in excess of the threshold weight.
Penalties
Trafficking in Marijuana
- 1 – 100 pounds:
- First offense: A mandatory minimum sentence of 1 year and up to 10 years;
- Second offense: A mandatory minimum sentence of 5 years and up to 20 years;
- Third offense: A mandatory sentence of 25 years.
- 100 – 2000 pounds: A mandatory minimum sentence of 25 years.
- 2000 – 10,000 pounds: A mandatory minimum sentence of 25 years.
- 10,000 pounds or more: A mandatory minimum sentence of 25 years and up to 30 years.
Trafficking in Cocaine, Crack Cocaine, or Meth
- 10 – 28 grams:
- First offense: A mandatory minimum sentence of 3 years and up to 10 years.
- Second offense: A mandatory minimum sentence of 5 years and up to 30 years.
- Third offense: A mandatory minimum sentence of 25 years and up to 30 years.
- 28 – 100 grams:
- First offense: A mandatory minimum sentence of 7 years and up to 25 years.
- Second offense: A mandatory minimum sentence of 7 years and up to 30 years.
- Third offense: A mandatory minimum sentence of 25 years and up to 30 years.
- 100 – 200 grams: A mandatory sentence of 25 years.
- 200 – 400 grams: A mandatory sentence of 25 years.
- Greater than 400 grams: A mandatory minimum sentence of 25 years and up to 30 years.
Trafficking in Heroin
- 4 – 14 grams:
- First offense: A mandatory minimum sentence of 7 years and up to 25 years;
- Second offense or greater: A mandatory sentence of 25 years;
- 14 – 28 grams: A mandatory sentence of 25 years.
- 28 grams or more: A mandatory minimum sentence of 25 years and up to 40 years in prison.
If you have been charged with Drug Trafficking, contact T. Kirk Truslow, P.A. for an experienced and vigorous defense.