MDMA (Methylenedioxymethamphetamine, ecstasy, or Molly) is a Schedule I drug like heroin or fentanyl, but the penalties are not as severe because it is a non-narcotic Schedule I drug. Possession of more than one gram of cocaine result in: PWID methamphetamine carries similar potential penalties and threshold weight as powder cocaine or crack cocaine. If you get a possession with intent to distribute first offense charge in a rural area and you were carrying 50 pounds of heroin, you can be sure the judge does not care that you have a clean record. Georgia may have more current or accurate information. If youre facing drug charges in South Carolina, please contact the drug defense attorneys at Templeton Mims & Ward and lets see if we can help. Trafficking sentences often include a mandatory minimum of 25 years depending on the type of drug and quantity you were transporting. The information contained on this web site is for informational purposes only and does not constitute the provision of legal advice. 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. 16-13-30). In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. PWID Cocaine in SC. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Barkemeyer Law Firm has multiple locations in Louisiana. Drug possession charges in Georgia may qualify for a greater severity level when they are considered possession with the intent to distribute. Serving all cities in South Carolina including Columbia, Lexington, West Columbia, Cayce, Irmo, Chapin, Blythewood, Gaston, Orangeburg, Newberry, St. Matthews and Camden. So, they will send the informant in with a wire and audio to make a controlled buy. You can be charged with marijuana possession if the substance is accessible to you and a reasonable person would believe that you are aware of the substance. Unless there is additional evidence of intent to distribute like an excessive amount of cash, packaging in multiple baggies, digital scales, or witness testimony, it may be difficult for the State to prove an intent to distribute based on possession of a very small amount of the drug. 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Additionally, possessing any amount of controlled substances within a school zone will significantly increase sentencing. An attempted possession of drugs is usually used only in the context of plea deals. The prosecutor must prove that you possessed with the intent to give drugs to someone else. Its basically the same as a simple possession charge, with the added element of intent to distribute if police can show that you intended to distribute the drugs, then you receive the same potential punishment as if you had sold the drugs. This charge is classified as intent, not just possession. SCHEDULE YOUR APPOINTMENT HERE OCGA 16-13-2 Screen Printing and Embroidery for clothing and accessories, as well as Technical Screenprinting, Overlays, and Labels for industrial and commercial applications Additionally, other factors, such as the presence of a scale, plastic bags, or large quantities of unclaimed cash, can increase a possession charge to a distribution charge. During this time, you have the right to seek legal counsel and you should not discuss your case further with police until a qualified defense attorney is present for questioning. Many possession with intent charges have mandatory minimum sentences which can allow for probation but may prevent you from removing it from your record. These motions must be filed within 10 days of arraignment. Drug possession means being caught with a small enough amount of a controlled substance that it can reasonably be considered for personal use. This amount varies based on the drug and oftentimes the purity of the drug. PWID Schedule V drugs is a misdemeanor that can carry as much as one year for a first offense, and the sentence is doubled for second or subsequent offenses. The possession of these two drugs attracts a felony charge under South Carolina law. The arresting law enforcement officer, along with the prosecuting attorney, will determine which charges to file. In these cases, the quantity of drug is relatively low. Intent to distribute cases also vary in severity within themselves based on the drug schedule categorization outlined in the drug crimes page. Also, we may be able to work a deal including the defendant completing drug treatment or some other rehabilitative program. During the entire process, David was considerate, accessible, knowledgeable, and on top of the situation. 16-13-30) . Simple possession of drugs is a the intentional and knowingly possession of drugs without a valid prescription. Under . Its easy to overlook the damage a felony conviction could have on your life in the long term. Contact us today for a free, no obligation, consultation with our experienced criminal defense lawyers and protect your freedom. It is also the worlds largest single market area. The potential penalties for possessing non-narcotic drugs with the intent to distribute depends on the Schedule of the drug: Most prescription drugs that are non-narcotic will be found in either Schedule IV or V. Possession with intent to distribute drugs in SC can be a serious offense that can end in prison time. 16 which may be prosecuted in a court of this state commits the offense of 17 possession of a deadly weapon during the commission of a felony. Can Drug Dealers be Charged with Murder after a Heroin Overdose? Intent to distribute cases are all felonies. Copyright 2020 Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / All Rights Reserved. Also at the federal level, judges have specific guidelines when it comes to sentencing, resulting in less leeway. Please check official sources. This charge is classified as intent, not just possession. 11.41.120. Because heroin is classified as a Schedule I narcotic drug, PWID heroin in SC carries the same penalties as PWID cocaine, cocaine base, or methamphetamines up to 15 years in prison for a first offense, 5-30 years for a second offense, or 10-30 years for a third offense. Although SC law says that more than two grains of heroin is prima facie evidence of possession with intent to distribute, the State must still prove that you intended to distribute the drugs. How you are charged and what kind of sentence you are facing largely depends on what kind of drugs you had in your possession. A legal defense to this charge is the accused persons lack of intent to possess and knowledge about the presence of drugs. In this article we will cover possession with intent to distribute charges for the following types of drugs. But where cocaine, crack cocaine, and methamphetamines have a threshold weight of more than one gram, you can be charged with possession with intent to distribute heroin if you are found with more than two grains of heroin. offices in both downtown Atlanta and Marietta. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. 2014 Georgia Code Title 16 - CRIMES AND OFFENSES . The use of this site does not establish an attorney-client relationship between you and Templeton Mims & Ward. Please call (888) 205-9314. The 2010 Georgia Code, Title 16, Chapter 13, Article 78 covers the regulation of prescription drug forgery in the State of Georgia. The European Union is one of the most outward-oriented economies in the world. The potential penalties are exactly the same as those for drug distribution or drug manufacturing charges, though. distribute, dispense, administer, sell, or possession with the intent to It is illegal to have possession of a controlled substance with intent to distribute if you do not have a valid prescription from a doctor. If the person only possesses cash but not drugs and then meets up with a drug dealer, there can be no arrest of the buyer until he buys the drugs and possesses the drugs. Grno, Jessica Celia, 25. Changes to the Way Search Warrants for Cell Phone Content Must be Obtained. Felons frequently struggle to gain and maintain meaningful employment, secure loans, and gain approval for housing. However, even if you possess only a small amount of a drug, The intent to distribute must be of a controlled substance. Its very important to contact a defense attorney right away, especially if you havent been arrested or if you have been arrested but not yet charged. 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