South Carolina Drug Laws: Penalties, Charges & Treatment Options

South Carolina regulates controlled substances through the Poisons, Drugs, and Other Controlled Substances Act (S.C. Code Ann. Title 44, Chapter 53). The state uses a five-schedule classification system (Schedules I–V), with Schedule I substances carrying the highest abuse potential and no accepted medical use, while Schedule V substances have the lowest abuse potential.

Criminal penalties for drug offenses are codified primarily in § 44-53-370 (prohibited acts and general penalties) and § 44-53-375 (methamphetamine, cocaine base, and trafficking penalties). South Carolina maintains some of the strictest drug laws in the Southeast, with mandatory minimum sentences for trafficking offenses and no provision for recreational or medical marijuana.

The state has made incremental harm-reduction advances, including the Overdose Prevention Act (§ 44-130-10 et seq., enacted 2015) expanding naloxone access, and a Good Samaritan law (§ 44-53-1920, enacted 2017) providing limited overdose reporting immunity. Drug courts operate across multiple judicial circuits, and the conditional discharge program (§ 44-53-450) allows first-time simple possession offenders to have charges dismissed upon successful completion of probation.

§ 44-53-370(c) and (d)

Under S.C. Code Ann. § 44-53-370, it is unlawful for any person to knowingly or intentionally possess a controlled substance unless obtained directly from or pursuant to a valid prescription or order from a practitioner while acting in the course of professional practice.

Schedule I or II Narcotics (§ 44-53-370(c)): First offense is a misdemeanor punishable by up to 2 years imprisonment and/or up to $5,000 fine. Second offense is a felony punishable by up to 5 years and/or $5,000 fine. Third or subsequent offense: up to 5 years and/or $10,000 fine.

Other Schedule I, II, or III Substances (§ 44-53-370(d)(1)): First offense is a misdemeanor punishable by up to 6 months and/or $1,000 fine. Second or subsequent: misdemeanor, up to 1 year and/or $2,000 fine.

Schedule IV Substances (§ 44-53-370(d)(2)): First offense is a misdemeanor punishable by up to 6 months and/or $1,000 fine. Subsequent: up to 1 year and/or $2,000 fine.

Schedule V Substances (§ 44-53-370(d)(3)): First offense is a misdemeanor punishable by up to 6 months and/or $1,000 fine.

Marijuana — 1 oz or Less (§ 44-53-370(d)(4)): First offense is a misdemeanor punishable by up to 30 days in jail or a fine of $100–$200. Second or subsequent offense: misdemeanor, up to 1 year and/or $200–$1,000 fine.

Methamphetamine/Cocaine Base — Less Than 1 Gram (§ 44-53-375(A)): First offense is a misdemeanor punishable by up to 3 years and/or $5,000 fine. Second offense: felony, up to 5 years/$7,500. Third or subsequent: felony, up to 10 years/$12,500.

Conditional Discharge (§ 44-53-450): First-time offenders with no prior drug convictions may receive deferred adjudication. Upon successful completion of probation conditions, the charge is dismissed and the person is eligible for expungement. A $350 fee applies in general sessions court ($150 in summary court).

§ 56-5-2930

South Carolina Code § 56-5-2930 makes it unlawful for a person to drive a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. The statute covers DUI for both alcohol and drugs (DUID) under a single code section. There is no separate per se limit for drug concentration; impairment is assessed through field sobriety tests, Drug Recognition Expert (DRE) evaluations, and blood/urine toxicology.

0.08% (0.02% for under 21; 0.04% for commercial drivers)

South Carolina is an implied consent state under § 56-5-2950; refusal to submit to chemical testing results in automatic license suspension (6 months for first refusal).

DUID charges apply to any substance—illegal drugs, prescription medications, or over-the-counter drugs—that materially and appreciably impairs the driver's ability to safely operate a motor vehicle.

10 years — only offenses within the preceding 10-year period count as prior offenses.

The South Carolina Overdose Prevention Act (S.C. Code Ann. § 44-130-10 et seq.), enacted in 2015, provides a comprehensive framework for expanded naloxone access. Pharmacists may dispense opioid antidotes under a joint protocol issued by the Board of Medical Examiners and Board of Pharmacy without a patient-specific prescription. Prescribers may issue naloxone prescriptions to persons at risk of opioid overdose or their caregivers. First responders and community distributors are authorized to administer naloxone with civil and criminal immunity protections.

• Pharmacists may dispense naloxone without a patient-specific prescription under a joint protocol (§ 44-130-40).
• Prescribers may prescribe naloxone to at-risk persons and their caregivers in good faith (§ 44-130-30).
• Caregivers who administer naloxone in good faith are immune from civil and criminal liability (§ 44-130-50).
• First responders who administer naloxone are immune from civil, criminal, and disciplinary action (§ 44-130-60).
• Community distributors may distribute naloxone with liability protections (§ 44-130-75).
• Administration of opioid antidotes must be reported to the Department of Health (§ 44-130-80).

South Carolina Department of Public Health (SC DPH)

S.C. Code Ann. § 44-130-10 et seq.

https://dph.sc.gov/professionals/healthcare-quality/prescription-monitoring-program-scripts

South Carolina has operated Adult Drug Court programs since 1996, when the first drug court was established in Lexington County. Drug courts provide a cost-effective alternative to traditional prosecution and incarceration for nonviolent offenders with substance use disorders. The program requires a minimum of 15 months of participation, including court appearances, drug testing, treatment sessions, self-help meetings, employment, and restitution. Upon successful completion, charges may be dismissed or probation supervision ended.

• Adult Drug Courts
• Juvenile Drug Courts
• Family Drug Courts
• DUI Courts
• Veterans Treatment Courts

Multiple judicial circuits statewide, including the 6th, 9th, 11th, and 14th Circuit Solicitor's offices among others.

Minimum 15 months

Candidates must have pending criminal charges and/or probation violations related to substance use. Entry typically requires a guilty plea with a negotiated sentence that is deferred upon successful completion. Violent felony offenders are generally excluded.

The average annual cost per drug court participant ($7,317) is significantly less than the average annual cost per state inmate ($19,935), yielding substantial taxpayer savings.

South Carolina imposes mandatory minimum sentences for drug trafficking offenses. Trafficking convictions carry sentences that cannot be suspended, and judges may not grant probation below the statutory minimum. Persons sentenced to mandatory 25-year terms are not eligible for parole, extended work release, or supervised furlough.

• Trafficking cocaine — 10 to 28 grams (1st offense) — Mandatory Minimum: 3 years imprisonment
• Trafficking cocaine — 28 to 100 grams (1st offense) — Mandatory Minimum: 7 years imprisonment
• Trafficking cocaine — 100+ grams — Mandatory Minimum: 25 years imprisonment
• Trafficking heroin — 4 to 14 grams (1st offense) — Mandatory Minimum: 7 years imprisonment
• Trafficking heroin — 14+ grams — Mandatory Minimum: 25 years imprisonment
• Trafficking fentanyl — 4 to 14 grams (1st offense) — Mandatory Minimum: 7 years imprisonment
• Trafficking fentanyl — 14 to 28 grams — Mandatory Minimum: 25 years imprisonment
• Trafficking marijuana — 10 to 100 lbs (1st offense) — Mandatory Minimum: 1 year imprisonment
• Trafficking marijuana — 10,000+ lbs — Mandatory Minimum: 25 years imprisonment
• Trafficking meth/cocaine base — 10 to 28 grams (1st offense) — Mandatory Minimum: 3 years imprisonment
• DUI — 4th or subsequent offense (within 10 years) — Mandatory Minimum: 1 year imprisonment

See drug_courts section — Drug courts provide judicially supervised treatment as an alternative to incarceration for eligible offenders.

2023: Fentanyl Trafficking Act: Governor McMaster signed legislation on June 15, 2023, making possession of 2+ grains of fentanyl a felony and establishing trafficking penalties for 4+ grams with mandatory minimum sentences of 7–25 years. Passed the House 103-1 and Senate 45-0.

2023: Drug paraphernalia testing exception: The fentanyl bill included provisions clarifying that drug testing equipment (including fentanyl test strips) does not constitute drug paraphernalia.

2023: Firearm restriction: Persons convicted of certain drug trafficking offenses are prohibited from possessing firearms or ammunition under the 2023 fentanyl legislation.

2025: Marijuana decriminalization bills (H.3110, H.3804) and a veteran medical marijuana bill (H.3018) were introduced in the 2025–2026 legislative session but did not receive hearings before the May 2025 adjournment.

2025: Bill 3538 introduced to update controlled substance scheduling procedures and add new synthetic substances to existing schedules.