Drug Crimes Defense in South Carolina

Drug charges in South Carolina are among the most aggressively prosecuted offenses in our courts. Whether the allegation involves a small amount of marijuana for personal use or a large-scale trafficking conspiracy, the stakes are always high. A conviction can bring fines, probation, mandatory minimum prison sentences, and a criminal record that follows you for life. At Thompson & Hiller Defense Firm, our goal is to protect your rights and fight for the best possible outcome when you are facing drug charges in Myrtle Beach, Columbia, Lexington, or anywhere in South Carolina.

Types of Drug Charges in South Carolina

South Carolina law covers a wide range of drug offenses. People are often arrested for simple possession of marijuana, cocaine, heroin, methamphetamine, LSD, ecstasy, mushrooms, or prescription medications. Prosecutors also pursue more serious charges such as possession with intent to distribute, drug distribution, manufacturing or cultivation, trafficking, and drug conspiracy. Even first-time offenses for manufacturing, distribution, and trafficking can carry harsh penalties, and repeat offenses or cases involving large quantities of drugs can result in decades of prison time.

Penalties for Drug Crimes

The penalties for drug crimes in South Carolina depend on the type of drug, the amount involved, and your prior record. A minor charge like possession of paraphernalia might lead to a fine or a conditional discharge, but possession with intent to distribute or trafficking offenses often carry mandatory minimum prison sentences that cannot be suspended. In fact, many of these charges are considered “85% crimes,” meaning a person must serve at least 85 percent of their sentence before becoming eligible for release. Some trafficking offenses carry a mandatory minimum of 25 years or more. Because drug laws in South Carolina are “graduated,” penalties become harsher if you have prior convictions. While probation may be an option for some low-level offenses, the most serious drug crimes almost always carry mandatory prison time.

Defending Against Drug Charges

There is no single strategy that works in every drug case. A strong defense is always based on the specific facts, the type of charge, and the way the evidence was obtained. At Thompson & Hiller Defense Firm, we carefully review every detail of your case to determine the best path forward.

One of the most common defenses involves Fourth Amendment violations. Because most drug arrests happen during traffic stops or at someone’s home, police must follow strict constitutional rules. They need reasonable suspicion to pull you over, probable cause to search your vehicle, and a valid warrant to enter your home. If law enforcement skipped any of these steps, the evidence may be thrown out.

In some cases, the defense comes down to mistaken identity, sometimes called the “SODDI” defense (some other dude did it). This is especially common in distribution or undercover buy cases where police rely on informant testimony or recordings. We have reviewed audio and video evidence in past cases where it was clear our client was not the person involved, and charges were dismissed.

Other times, the issue is insufficient or unreliable evidence. Prosecutors often lean heavily on the testimony of informants, but these individuals are known for credibility problems. If an informant changes their story, disappears, or is proven unreliable, the state’s case may collapse.

Another frequent challenge involves constructive possession. If drugs were not found directly on you, such as in your pocket or bag, the state must prove two things: that you had control over the place where the drugs were located, and that you knew they were there. Without both elements, a conviction is not possible.

Finally, police sometimes take an overly broad approach and charge everyone present during a raid or arrest, even if there is no evidence linking each individual to the drugs. Officers may do this to gain leverage and pressure witnesses to testify against others. Once a co-defendant has pled guilty or been convicted at trial, charges against someone unfairly swept up in the case may be dismissed.

Each of these defenses requires a careful and aggressive approach, but raising the right challenges can make the difference between a conviction and a dismissal.

Learn More About Drug Charges in South Carolina

Every case is unique, and the best defense strategy depends on the specific charge you are facing. To help you better understand the law, we provide additional resources on our website about some of the most common South Carolina drug crimes:

• Possession & Constructive Possession
• Possession with Intent to Distribute
• Distribution
• Trafficking in Cocaine, Marijuana, Heroin
• Pre-Trial Motions

These pages explain how each charge is prosecuted, what penalties you may be facing, and how our attorneys approach building a defense.

Your South Carolina Drug Crimes Defense Team

Being accused of a drug crime does not mean you are guilty. It does mean you need a defense lawyer who will fight for you at every stage of the case. At Thompson & Hiller Defense Firm, we investigate the details of your arrest, challenge the prosecution’s evidence, and explore every possible defense to protect your future.

If you have been charged with a drug offense in Myrtle Beach, Columbia, Lexington, or anywhere in South Carolina, call us today at (843) 444-6122 or contact us online.