Drug Trafficking vs Drug Distribution

South Carolina has some of the toughest, most comprehensive drug laws in the entire country. A person facing a trafficking or distribution charge could face harsh penalties if convicted. You may be wondering: Is drug trafficking and drug distribution the same thing in South Carolina? The short answer is not exactly. Our Columbia drug crimes defense attorney explains the differences between trafficking charges and distribution charges in South Carolina.

An Overview of Drug Distribution Charges in South Carolina

Distribution charges focus on the act of selling, delivering, or providing a controlled substance to another person. Under S.C. Code Ann. § 44-53-370(a), it is unlawful to “manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase” a controlled substance without authorization. To be clear, under the law in our state, a person does not need to profit from the transaction. Quite the contrary, simply handing over drugs to another person is enough to be charged with distribution. The penalties for drug distribution vary depending on the type and quantity of the controlled substance in question.

Drug Trafficking in South Carolina

On the other hand, the criminal charge of drug trafficking in the South is largely determined by the weight or quantity of the drugs involved. Our state sets specific thresholds for controlled substances. For example, possession of more than 10 pounds of marijuana, more than 28 grams of cocaine, or more than 4 grams of heroin can lead to trafficking charges, even if there is no evidence of sale or delivery. The logic is that possession of large quantities indicates an intent to move drugs through the community. Trafficking is among the most serious drug charges in South Carolina. Convictions often carry mandatory minimum prison time.

The Key Differences Between Distribution and Trafficking in South Carolina

The primary distinction between distribution and trafficking is quantity versus conduct. In South Carolina, the charge of distribution focuses on the act of transferring drugs from one person to another. The amount involved is a secondary consideration. In contrast, the crime of trafficking focuses on the sheer volume of the drugs. That means that prosecutors do not actually need to consider whether there was a completed transaction to bring a trafficking charge. A person caught with a smaller amount while delivering drugs could face a distribution charge. On the other hand, a person found with a large stash of drugs (even without evidence of a sale) could face a trafficking charge. They are both very serious offenses, though trafficking is usually even more severe.

Contact Our Columbia, SC Drug Crimes Defense Lawyer Today

At the Law Office of Jonathan M. Harvey, our South Carolina drug crimes defense attorney is committed to protecting the rights and interests of the accused. If you were arrested for drug trafficking or drug distribution, we can help. Contact us for a fully confidential consultation. With an office in Columbia, we defend serious felony drug charges throughout the region in South Carolina.