What does possession with intent to distribute drugs mean in SC?
It’s the “next level” of drug charges above possession, and it carries more severe penalties than simple possession charges. But how do they prove “intent to distribute?”
In this article, we will discuss possession with intent to distribute (PWID) charges in SC, including:
- How prosecutors prove intent to distribute,
- The threshold weights for PWID in SC, and
- The potential penalties for a possession with intent to distribute conviction.
What is Possession with Intent to Distribute in SC?
Some police officers think that every person with more drugs in their possession than the “threshold weight” should be charged with possession with intent to distribute, but that’s not exactly correct.
Even when a defendant was found with more than the threshold weight, the prosecution must still prove that there was an intent to distribute – otherwise, the appropriate charge is simple possession.
Threshold Weights for PWID in SC
SC Code § 44-53-370(d)(4) says that a person is “prima facie guilty” of possession with intent to distribute if they have more than the threshold weight of any type of drug in their possession. Those threshold weights include:
- Marijuana – one ounce,
- Hashish – ten grams,
- Cocaine – one gram,
- Meth – one gram,
- Crack cocaine – one gram,
- Heroin, opium, or morphine – two grains,
- LSD – 50 micrograms,
- MDMA (Molly or ecstasy) – 15 dosage units.
Prosecutors Must Still Prove an Intent to Distribute
“Prima facie guilty” does not mean “automatically guilty,” though. It’s an inference that you can rebut with evidence of your own to show that the drugs you possessed were for personal use and not for distribution.
For example, if you are charged with possession with intent to distribute marijuana because police found two ounces of marijuana in your car, and there is no other evidence of drug sales or distribution, it is reasonable to conclude that the marijuana was for personal use, and you did not intend to sell it.
To persuade a jury that you intended to sell the marijuana, the prosecutor may need to produce evidence of distribution:
- Your own statements to law enforcement or on a recording,
- Baggies, scales, ledgers, or other drug sale paraphernalia,
- Testimony from codefendants who say you are a drug dealer, or they were going to buy the drugs from you, or
- Evidence that the drugs were packaged for resale (multiple small baggies instead of one large container).
For a first offense, the difference is a maximum penalty of six months (and a much better shot at probation or a fine) for simple possession of marijuana greater than one ounce instead of a maximum penalty of up to five years in prison (or up to 20 years in prison on a third offense) for possession with intent to distribute marijuana.
Potential Penalties for Possession with Intent to Distribute in SC
The potential penalties for a possession with intent to distribute conviction are the same as they would be for drug distribution or manufacturing drugs, but less than the penalties for drug trafficking.
The potential penalty depends on the type of drug involved and the number of prior offenses the person has:
| PWID Charges | Penalties |
| PWID Marijuana 1st Offense | Up to five years in prison |
| PWID Marijuana 2nd Offense | Up to 10 years in prison |
| PWID Marijuana 3rd Offense | No less than five and up to 20 years in prison |
| PWID Crack, Cocaine, or Meth 1st Offense | Up to 15 years in prison |
| PWID Crack, Cocaine, or Meth 2nd Offense | No less than five and up to 30 years in prison |
| PWID Crack, Cocaine, or Meth 3rd Offense | No less than ten and up to 30 years in prison |
| PWID Heroin 1st Offense | Up to 15 years in prison |
| PWID Heroin 2nd Offense | No less than five and up to 30 years in prison |
| PWID Heroin 3rd Offense | No less than ten and up to 30 years in prison |
| PWID MDMA/Molly/Ecstasy 1st Offense | Up to five years in prison |
| PWID MDMA/Molly/Ecstasy 2nd Offense | Up to 10 years in prison |
| PWID MDMA/Molly/Ecstasy 3rd Offense | Up to 20 years in prison |
| PWID LSD 1st Offense | Up to 15 years in prison |
| PWID LSD 2nd Offense | Up to 30 years in prison |
| PWID LSD 3rd Offense | No less than 10 and up to 30 years in prison |
Pretrial Diversion Programs for Drug Charges in SC
Even when your back is to the wall, the evidence is clear, and you are likely to be convicted if you go to trial, there may be other options that allow you to avoid a conviction.
For example, there are pretrial diversion programs for drug charges in SC including:
- Conditional discharges for simple possession charges (your charges would need to be reduced if you are charged with PWID),
- Pretrial Intervention (PTI), and
- Drug Court.
Can Drug Convictions be Expunged in SC?
Certain drug convictions can be expunged in South Carolina, including possession with intent to distribute convictions (although you must wait 20 years):
- A first-offense conviction for simple possession of any controlled substance can be expunged after three years,
- A first-offense conviction for unlawful possession of a prescription drug can be expunged after three years, and
- A first-offense conviction for possession with intent to distribute any controlled substance can be expunged after 20 years.
Possession with Intent to Distribute (PWID) Lawyers in Myrtle Beach, SC
If you have been charged with possession with intent to distribute drugs in SC or if you believe you are eligible to get your criminal record expunged, call the Myrtle Beach drug defense attorneys at Coastal Law now at (843) 488-5000 or fill out our online form to set up a free consultation about your case.
