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Possible defenses against drug charges in South Carolina

On Behalf of | Aug 17, 2023 | Drug Charges |

South Carolina recognizes varying drug offenses, including possession, possession with intent to distribute, manufacturing, trafficking and conspiracy. Each violation comes with a proportional punishment involving imprisonment and steep fines. However, if someone has accused you of such offenses, the prosecution has yet to convict you. You can still defend yourself against these false allegations.

Traffic stop violation

A law enforcement officer may only stop a vehicle if their suspicion is reasonable and meets the legal requirements. For example, the driver might be speeding or failing to signal a turn. However, suppose the officer had no legal reason to stop the vehicle. In that case, the court may consider it an unlawful seizure and suppress any evidence the officer found while conducting the traffic stop.

Illegal search and seizure

The prosecution must present evidence in court to prove you are guilty of the drug charges. They must not have obtained this evidence illegally, such as through an illegal search and seizure, because it will be inadmissible in court. They cannot use it against you.


Law enforcement officers conduct undercover operations to catch criminals in the act. However, when they do not catch anyone, it can reflect poorly on them. Entrapment is when an officer pressures or coaxes a person into committing a crime they would not have done without the officer’s undue influence.

 Lack of intent

According to South Carolina’s drug possession laws, specifically Section 44-53-370, it is unlawful for any person to knowingly or intentionally possess a controlled substance unless you obtained a legal prescription. The keywords here are “knowingly” and “intentionally.” The prosecution must prove you knew about the drugs, or you had the intent to possess the drugs.

If you are facing drug charges, you still have a chance to defend yourself. Although these are serious offenses, you should not let officers or prosecutors intimidate you. You have a right to clear your name from these charges.