How Much of a Drug Qualifies as a Felony?

South Carolina has some of the strictest, comprehensive drug laws in the entire country. While some drug offenses are misdemeanors, there are many that are felony offenses. You may be wondering: **How much of a drug qualifies as a felony in South Carolina? **The short answer is that it depends on the specific substance in question. As explained by the South Carolina Department of Public Health, controlled substances are classified (scheduled) in the state based largely on their risk. For Schedule I drugs, even a small amount can be a felony. A Columbia drug crimes defense lawyer can help if you have been charged with a felony offense in South Carolina.

All Schedule I Drugs are Always Felonies (Heroin, MDMA, LSD, etc.)

South Carolina treats Schedule I substances as high-risk drugs with no accepted medical use. In other words, Schedule I drugs are the most serious drugs. These include heroin, fentanyl analogs, MDMA, LSD, psilocybin, and other hallucinogens or opiates listed in S.C. Code § 44-53-190. Possession of any usable amount of a Schedule I narcotic can qualify as a felony. Prosecutors do not need to show weight beyond a trace amount if the substance is identifiable and usable.

Cocaine and Crack Cocaine (One Gram or Second Offense)

Cocaine and crack cocaine fall under Schedule II. South Carolina criminalizes these substances aggressively. Simple possession of powder cocaine becomes a felony after the first offense. A first offense remains a misdemeanor if the weight remains below one gram. Any subsequent offense becomes a felony regardless of weight. Crack cocaine cases follow a similar pattern. If prosecutors can show possession of one gram or more, it can be charged as a felony.

Methamphetamine: (One Gram or Second Offense)

Methamphetamine also qualifies as a Schedule II controlled substance. South Carolina treats meth with severe statutory penalties due to its manufacturing risks. Possession of less than one gram may be charged as a misdemeanor for a first offense. Possession of one gram or more can qualify as a felony. Any second offense becomes a felony regardless of weight.

Marijuana: Felony Levels for Greater Weight

Marijuana remains regulated under Schedule I despite evolving national trends in favor of legalization at the state level. South Carolina still imposes felony penalties for higher quantities. Simple possession of less than one ounce is a misdemeanor. Possession of more than an ounce may support an intent-to-distribute charge. Marijuana cases can be complicated. You need a Columbia, SC criminal defense lawyer who knows how to take on these types of charges.

Unlawful Prescription Drugs (Varies)

Controlled prescription medications, including oxycodone, hydrocodone, morphine, alprazolam, and clonazepam, fall under Schedules II through IV. Unlawful possession becomes a misdemeanor for small amounts. Felony charges may be filed when the weight exceeds personal-use levels or when evidence supports intent to distribute.

Call Our Columbia, SC, Drug Crimes Defense Attorney Today

At the Law Office of Jonathan M. Harvey, our Columbia drug crimes defense lawyer is standing by, ready to protect your rights, your freedom, and your future. If you are facing a felony drug charge, please do not hesitate to contact us today for a fully confidential, no obligation case review. From our office in Columbia, we defend against drug charges throughout South Carolina.