With the help of a drug defense lawyer, drug possession charges can be dropped. However, it's not always easy or likely that charges will be dropped or completely dismissed. While these are not all drugs found in South Carolina, they are the primary drugs that cover most drug charges in the state of Palmetto. Simple possession charges can easily turn into intent to distribute charges if you are also in possession of drug paraphernalia.
Another strategy employed by those looking for how to get a possession charge dismissed is to determine lack of knowledge. Much like lack of possession, lack of knowledge or intention can also be used to drop a simple possession charge. With the exception of a first-time simple possession charge, which can be handled in municipal or magistrates' court, all other charges are handled in general session court by the Attorney General's office. If you can prove that a mistake was made in any way, your drug charges will likely be dropped and you won't have to go through the criminal court process.
The possible sentence for your drug charges in South Carolina depends on the type of drug you have and how much of that drug you have in your possession. Pursuant to Section 44-53-370 (d) of the South Carolina Code (, Simple possession of marijuana in South Carolina is a misdemeanor for the illegal possession of only one ounce of marijuana. Let's take a look at 5 common methods used by lawyers who know exactly how to get a possession charge dismissed. Sometimes, the law enforcement agency may charge a person with possession with intent to distribute it, even though the drugs found weigh less than the cut-off point, but it must have sufficient evidence of the person who intends to distribute them.
Mitigating circumstances can change this seemingly direct charge into something much more complicated, and if convicted, penalties can vary greatly depending on previous convictions. Possession of illegal drugs is a felony, and the longer you wait to get representation, the more difficult it will be for your lawyer to reduce or drop your charges. Below are your seven most pressing questions about simple possession, including what it is, how it can change and what you should do when facing a charge for this or any other drug-related crime in SC. It is legal to possess mature marijuana stems or plant fibers from the stems, as well as marijuana oil or cakes made from the seeds.
While possession of marijuana may be legal in more states across the country than ever before, it is still illegal to possess, buy, or sell in South Carolina. There are a variety of additional defenses that a good lawyer can employ when fighting a drug possession charge.