Charleston Drug Crimes Lawyer
30 years of experience fighting for defendants charged with drug crimes in Charleston
Drug charges must be taken very seriously. Even minor charges like possession can lead to a prison sentence. Many drug offenses are felonies that can affect your freedom and your ability to find a place to live and obtain a job upon your release from prison. You will have a permanent criminal record and be denied the right to own a firearm. At The Law Offices of A. Randolph Hough, P.A. in Charleston, South Carolina, we assert every Constitutional, legal, and factual defense available. We handle drug cases in state and federal courts. As a former prosecutor and a long-time defense lawyer, A. Randolph "Randy" Hough, has a unique ability to fight for anyone in Charleston who is charged with any type of drug offense. To assert your defenses, call our Charleston drug crimes lawyer today.
“Remember, an arrest is not a conviction.” - Attorney Hough
How can we help?
- What drugs are illegal in Charleston?
- Can I get arrested for marijuana possession in Charleston?
- What criminal charges could I face when drugs are involved?
- What defenses can be asserted if I’m charged with a drug crime in Charleston?
- Are there alternatives to incarceration for drug offenses in Charleton?
- Do you have a Charleston drug crimes lawyer near me?
What drugs are illegal in Charleston?
Illegal drugs are categorized into five schedules, according to South Carolina Code § 44-53. Some drugs may be used legally if they are properly prescribed by a physician. The Federal categories are similar.
Schedule I drugs are the most serious and the most addictive, while the least serious and addictive are Schedule V drugs. Our Charleston drug defense lawyers represent defendants charged with crimes involving every type of illegal drug.
The schedules of drugs are as follows:
- SECTION 44-53-190. Schedule I. These drugs have the largest addiction potential for abuse and the harshest penalties. They include various stimulants like Morpheridine, opiates, fentanyl-related substances, opium derivatives like heroin, products with hallucinogenic substances like LSD and marijuana, certain synthetic cannabinoids, certain depressants, and many other drugs.
- SECTION 44-53-210. Schedule II. These drugs have a high potential for abuse but may have a currently accepted medical use (with restrictions). These drugs include:
- Opium poppy and poppy straw
- Opiates including Fentanyl and Sufentanil
- Amphetamine, its salts, optical isomers, and salts of its optical isomers
- Methamphetamine, its salts, and salts of isomers
- SECTION 44-53-230. Schedule III. These drugs have a potential for abuse, but less so than Schedule I and II drugs. These drugs have a currently accepted medical use in treatment in the United States. “Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.” Examples include:
- Lysergic Acid
- Certain narcotic drugs with certain levels of codeine
- SECTION 44-53-250. Schedule IV. These drugs have less potential for abuse than Schedule I, II, and III drugs and are currently accepted for medical use. “Abuse of the substance may lead to limited physical or psychological dependence relative to substances in Schedule III.” Examples include:
- Certain depressants like Oxazepam
- Certain stimulants like Diethylpropion
- SECTION 44-53-270. Schedule V. These drugs have a low potential for dependence and are currently in medical use. “Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule IV.” One example:
- Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams
The full South Carolina schedule of controlled substances can be found here
Can I get arrested for marijuana possession in Charleston?
According to the Center for the Advancement of Health (CFAH), possession of marijuana is illegal. There is no exception for medical use or recreational use. While there have been attempts to legalize marijuana in South Carolina, as of March 2024, possession of marijuana is still illegal.
The penalties for possession of marijuana range from fines of $200 to $5,000, and 30 days to five years in prison. The penalties for the manufacture, distribution, and trafficking of marijuana are much steeper.
Low-THC/high-CBD oil is legal, but manufacturers and growers must have proper licenses and permits. According to CFAH: “Hemp-derived delta 8 THC is legal in South Carolina. You can buy it locally and online, but since the market is unregulated, it’s critical that your vendor provides relevant third-party lab reports on potency and purity.”
Our Charleston drug defense lawyer represents defendants charged with the possession of marijuana and more serious marijuana charges.
An arrest is not a conviction. You may have defenses to these charges, and we’re ready to help you assert those defenses today.
What criminal charges could I face when drugs are involved?
In South Carolina, drug charges include the following:
Simple possession
Possession of drugs means you have actual control of the drugs–in your hands, on your person, or in something you’re carrying. Drug possession can also include constructive possession, which means the drugs are in your home, car, or near you but not on you. Our Charleston drug defense lawyer often argues that you shouldn’t be held liable for possession if you didn’t have authority over the drugs, or someone else had access to them as well.
South Carolina law provides that it is “unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription…”
The penalties for possession vary depending on the type of drug, and whether you have any prior drug offenses. For example, South Carolina states that an individual in possession of Schedule I drugs that are narcotics, or LSD and Schedule II drugs:
- A felony and, upon conviction, for a first offense must be imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both.
- For a second offense, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both.
- For a third or subsequent offense, the offender must be imprisoned not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both.
The penalties can be increased for drug possession near a school.
Manufacturing and distribution
The quantity of drugs in a person’s possession, along with other evidence, can lead to a manufacturing and distribution charge (and similar crimes such as purchasing, aiding, and conspiring to manufacture). The penalties for manufacturing and distribution of drugs are very severe. For example, manufacturing and distribution of LSD for even a first offense will result in up to 15 years in prison and as much as $25,000 in fines.
If you are growing marijuana or creating meth, you can be charged with manufacturing and distribution.
Drug trafficking and sales
Drug trafficking is a very serious offense that is based on the amount (or weight) of drugs and the type of drug. Transporting the drugs and intent to distribute, sell, or transport the drugs are not requirements.
Drug trafficking is a felony. Convictions could result in 15 years and $25,000 for a first offense.
What defenses can be asserted if I’m charged with a drug crime in Charleston?
If you are arrested for any drug defense, the only information you should volunteer is that you want to speak to our Charleston criminal defense lawyer. Any statements or information you give the police or the government can be used against you.
There are many different strategies we use to contest drug charges. The specific defenses will vary depending on what happened. The Law Offices of A. Randolph Hough, P.A.:
- Seeks to suppress evidence that was illegally obtained. Many drug cases hinge on whether the police or prosecution conducted a search and seizure based on reasonable grounds or on a warrant that was correctly issued and based on probable cause. We also seek to suppress drug evidence if the chain of custody of the drugs was broken.
- Works to show that the prosecution cannot prove its case beyond a reasonable doubt.
- Fights to show that you had a legal prescription for the drugs.
- Questions the credibility and reliability of any witnesses who testify against you.
- Argues that the specific terms of the drug statute that apply to your case have not been met.
- Asserts that the prosecution cannot prove that you were in possession or control of the drugs.
- Contests that the police had any grounds to stop you.
Attorney A. Randolph Hough has worked in the criminal justice system for 30 years – first as an assistant prosecutor and then as a criminal defense attorney. He excels at building rapport with juries. His respected reputation is just one of many strengths he brings to his clients' cases. He’s ready to represent you at every stage, from the arrest, bail hearing, and arraignment to the suppression hearings, discussions with the prosecution, and trying your case before a jury.
Are there alternatives to incarceration for drug offenses in Charleton?
South Carolina has drug courts that focus on intensive drug treatment and supervision for eligible offenders. Our Charleston drug defense lawyer will explain whether you are eligible, and how drug courts work. Generally, you must complete the program in 12 months. The drug program includes detox, counseling, group sessions, and other methods – in lieu of prison. There are specific eligibility requirements, including a substance abuse problem, no history of violence, no record of drug dealing, and other conditions.
You may also be eligible for a pre-trial innovation program if you are a first-time nonviolent offender, 18 or over, don’t have a prior record, and meet other conditions. This program helps keep you out of jail if you comply with the terms. Upon completing the program, you can seek to have the charges dropped.
The Law Offices of A. Randolph Hough, P.A. also aggressively defends clients against other criminal charges, including assault, arson, kidnapping, and charges against college students. We also handle drunk driving defense.
Do you have a Charleston drug crimes lawyer near me?
The Law Offices of A. Randolph Hough, P.A. schedules consultations with defendants at our Charleston Office located at 171 Church St #160. We also meet defendants currently in custody and discuss cases by phone and video as well.
Drug charges are serious – very serious. We’ll explain what defenses apply to your case.
1720 Main St. Suite 105
Columbia, South Carolina 29201
Phone: (803) 219-2740
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171 Church Street, Suite 160
Charleston, SC 29401
Phone: (843) 507-4558
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Get help now. Call our Charleston drug defense lawyer today
Lawyer Randy Hough has helped thousands of criminal defendants. He’s a skilled trial lawyer who understands how to speak to a jury, argue before a judge, and how to negotiate with prosecutors. We handle all types of drug charges involving students, young people, adults, and people with prior criminal records. To schedule a consultation in Charleston, please call us or fill out our contact form.