You are probably aware that being in possession of hard drugs such as cocaine, heroin, and fentanyl can result in criminal charges. But did you know that possession of prescription drugs can also be a crime?
This is a fact. When you think of serious drug crimes, you may think of manufacturing or trafficking illegal drugs, but in South Carolina, you could face felony charges for even having common prescription drugs such as opiates in your possession. The law makes it illegal to obtain or attempt to obtain prescription drugs, medical devices, or restricted chemicals through dishonest or deceptive means.
Prohibited conduct includes:
- Using fraud, misrepresentation, or trickery.
- Forging or altering prescriptions.
- Falsifying required sales records.
- Providing a false name or address.
- Hiding important facts.
- Pretending to be someone legally authorized to possess these items.
But what does it mean to be in possession of a drug? In South Carolina, drug possession generally means knowingly having control over an illegal drug or a controlled substance without a valid prescription or legal authorization. There are two main types of possession:
- Actual possession: The drugs are found in your pocket, bag, or hand.
- Constructive possession: The drugs are located in an area you have access to and control (such as a vehicle or bedroom), even if not physically on you.
A first violation is a misdemeanor, punishable by up to $500 in fines, up to two years in jail, or both. A second or subsequent offense is a felony, punishable by up to $2,000 in fines, up to five years in prison, or both.
What are the Laws Involved?
South Carolina classifies controlled substances, including prescription medications, into five schedules under S.C. Code §§ 44-53-190, 210, 230, 250, and 270.
- Schedule I: Drugs with a high potential for abuse and no accepted medical use. These substances are considered unsafe even under medical supervision. Examples include heroin and other opiates and opium derivatives.
- Schedule II: Drugs with accepted medical uses but a high risk of abuse and severe physical or psychological dependence. Many prescription medications fall into this category, including fentanyl, hydrocodone, methadone, pethidine, and pentobarbital.
- Schedule III: Drugs with recognized medical uses and a moderate risk of abuse and dependence. This category includes certain combination prescription drugs containing limited amounts of codeine, hydrocodone, opium, or morphine.
- Schedule IV: Drugs with accepted medical uses and a lower potential for abuse, such as clonazepam and lorazepam, as well as certain stimulants.
- Schedule V: Drugs with accepted medical uses and the lowest risk of abuse, such as cough medicines containing small amounts of codeine.
In addition to state law, federal law also classifies drugs into schedules.
Contact Us Today
A prescription drug crime can lead to serious consequences. Because federal drug laws differ significantly from South Carolina law, anyone facing prescription drug charges should seek legal help.
The Greenville criminal defense attorneys from Watson Fowler Attorneys at Law can help you. A variety of defenses may be available to defend against your drug charges. Schedule a consultation to learn more. Contact us via (864) 668-5609 or online here.