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Possession with Intent to Distribute

Distribution, possession with intent to distribute, and the manufacturing of any drug including meth labs, all fall under one of two statutes, although the potential penalties will differ depending on the drug involved.

How Is Possession With Intent to Distribute in SC Different Than Simple Possession?

Most charges of possession with intent to distribute are based on the weight of the drugs found – if the weight is greater than the “threshold weight” as defined in SC’s drug laws, most police will charge possession with intent even if there is no other evidence of intent to distribute.

For example, if there is greater than one gram of cocaine or one ounce of marijuana found, you will most likely be charged with possession with intent to distribute instead of simple possession.

Despite this, the government must prove that you had an intent to distribute the drugs. In addition to the weight of the drugs, an intent to distribute can be shown by other circumstantial evidence such as the presence of baggies or scales, the packaging of the drugs, statements made by the Defendant, or conversations that may have been recorded.

Possession Is a Lesser Included Offense of Possession With Intent to Distribute (PWID)

Your prosecutor may offer to reduce a PWID charge to simple possession in exchange for a plea, depending on the circumstances of your arrest, your prior record, and whether they can prove intent to distribute.

This also means that, at a jury trial, if the prosecution proves possession but not intent to distribute, the jury can find you guilty of the lesser included offense of simple possession.

What Are the Penalties for Possession With Intent to Distribute in SC?

If you are convicted of PWID, the penalty will depend on the type of drug and whether it is your first, second, or third offense. Some PWID charges carry mandatory minimum prison sentences…

Possession With Intent to Distribute Marijuana
  • First offense - up to five years;
  • Second offense - up to ten years; and
  • Third offense – a mandatory minimum of five and up to twenty years.
Possession With Intent to Distribute Cocaine, Crack Cocaine, or Heroin
  • First offense – up to 15 years;
  • Second offense – a mandatory minimum of five and up to thirty years; and
  • Third offense – a mandatory minimum of ten and up to thirty years.
SC Drug Crimes Defense Lawyer in Myrtle Beach, Columbia, and Lexington

Defense attorney Lacey Thompson only accepts criminal defense cases in SC, including all drug crimes.

If you are charged with possession with intent to distribute of prescription drugs, cocaine, crack cocaine, heroin, or any other type of drug in SC, call the Thompson & Hiller Defense Firm now at (843) 444-6122 or contact us online to see if we can help.

Client Reviews
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Mindi and Laura were an amazing team team in helping my son with a traffic violation. There responsiveness from answering my phone call, to being able to pay the invoice online, showing up to court and representing my son for a ticket in less than 24 hours. Not to mention successfully having the ticket dismissed. The process was explained to us clearly each step of the way. This allowed us to prepare for any possible ramifications as well being patient with any questions we may have had. Even if the ticket did not get dismissed the care and attention they showed towards my son's situation made us feel very safe in their good hands for this legal matter. N. Jones
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I retained Lacey Thompson & Hiller, defense firm for a difficult domestic violence case. She provided a strategy that won my case. Her legal skills are great, but just as important she's a supportive attorney who truly cares and her advice was spot on. I'll always be thankful. Besides Lacey, all the staff that I worked with at Thompson & Hiller firm were terrific: competent, professional, and personable. I recommend Lacey Thompson to everybody who needs a defense attorney. Anonymous
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Attorney Laura Hiller, assisted me in 2013 by representing my daughter who at the time was only (14) years old in a juvenile criminal case being tried as an adult. The State charged her with murder. The claims at the time were completely shocking to myself and my daughter at the time and I wasn't sure what to do or who I needed to assist me with this. That's when I met Laura, who in all honesty kept me sane and hopeful through the entire process. She was so thorough when it came to gathering all information from all parties involved, aggressive when stepping into the courtroom, and behind the scenes. Most importantly though she was invested in proving my daughters innocence and I will forever be grateful for her and her work. My daughter's case was dismissed! Definitely who you want in your corner, whether the case is big or small. L.P.M.