Drug Possession Lawyers in Charleston, South Carolina

Drug Possession Attorneys in Charleston

If you have been arrested for possession of marijuana, cocaine, methamphetamine, prescription pills, or any other controlled substance in Charleston, North Charleston, Mount Pleasant, or the surrounding areas, you need a defense lawyer who knows how these cases are built and where they fall apart. Stephan Futeral and Thomas Nelson have over 55 years of combined experience defending people charged with drug offenses in the Lowcountry.

A drug defense attorney from Futeral & Nelson is more affordable than you might think. We offer payment plans and discounts for law enforcement, military, and firefighters. Call us today for a FREE and confidential meeting.

What the State Must Prove

South Carolina’s general controlled-substance statute addresses simple possession under S.C. Code Ann. § 44-53-370(c)–(d). Possession of methamphetamine or cocaine base (crack cocaine) is addressed separately under S.C. Code Ann. § 44-53-375(A). To convict someone of a possession offense, the State must prove beyond a reasonable doubt that the person knowingly or intentionally possessed the controlled substance. Lawful possession under a valid prescription or other statutory authorization is treated differently. 

Possession can be actual, meaning the person had physical custody of the drug, or constructive, meaning the person did not physically hold it but had the right and power to control it. For a possession-based charge, the State must also prove that the person knew about the drug and intended to control its disposition or use. A drug’s presence in someone’s car or bedroom may be relevant evidence, but ownership or control of the location does not, by itself, establish guilt. Mere presence where drugs are found is not enough. 

The drug and quantity also matter. South Carolina law makes specified quantities prima facie evidence of possession with intent to distribute, but that does not eliminate the State’s burden to prove the elements of the charged offense. For example, possession of one gram or more of methamphetamine or cocaine base is prima facie evidence of a violation of the possession-with-intent provision in § 44-53-375(B). Trafficking has separate drug-specific quantity thresholds; a trafficking charge based on possession requires proof of knowing actual or constructive possession of the threshold amount. Other trafficking theories, such as sale or delivery, do not require proof of possession as a separate element. 

Penalties depend on the substance, amount, charge, and prior offenses. For the specific penalty ranges by drug and quantity, see our detailed articles on South Carolina marijuana laws, possession, distribution, and trafficking of cocaine, and whether marijuana is legal in South Carolina.

“It Was Not Mine” Is Not the End of the Question

People can face drug-possession charges when drugs are found in a shared car or apartment, even if the drugs were not on their person. But proximity alone does not establish constructive possession. For a possession-based charge, the State must prove beyond a reasonable doubt that the person knew the drugs were present, had the right and power to control them, and intended to control their disposition or use. Being present—or being a passenger—is not enough by itself. Ownership or control of the place where drugs are found may be relevant, but it does not automatically prove possession.

We also examine how the drugs were found. A traffic stop generally requires an adequate legal basis, such as reasonable suspicion of criminal activity or probable cause of a traffic violation. A lawful stop does not automatically authorize a search. Police generally need a warrant, valid consent, or an applicable exception to the warrant requirement; whether an exception applies depends on the facts. If a stop, detention, or search violated your rights, a court may exclude evidence obtained through that violation. Suppression is not automatic: the court must consider the circumstances and whether you can challenge the particular search or seizure. 

Learn more about warrantless searches in South Carolina.

Options for First Offenders

A first drug charge does not necessarily have to result in a conviction that remains on your public record. Depending on the charge, your criminal history, and the disposition of the case, possible options include:

• Conditional discharge (S.C. Code Ann. § 44-53-450). For an eligible possession charge under § 44-53-370(c)–(d) or § 44-53-375(A), a person with no disqualifying prior drug conviction who pleads guilty or is found guilty may, with the person’s consent, be placed on probation without entry of a judgment of guilt. If the person completes the conditions, the court dismisses the proceedings without a conviction; if the person violates them, the court may enter a finding of guilt. After dismissal, the person may apply for an expungement order. Conditional discharge is available only once.
• Pretrial Intervention (PTI) (S.C. Code Ann. §§ 17-22-50, -60, -150). PTI is a diversion program administered through the solicitor’s office. Admission is not automatic: the charge, criminal history, and statutory suitability criteria matter. Successful completion requires the solicitor to make a noncriminal disposition of the pending charge, after which the person may seek an order expunging the arrest record. If the person is removed for violating program conditions, prosecution may resume. PTI can be used again if at least 20 years have passed since successful completion of an earlier PTI program and the person otherwise qualifies.
• Expungement (S.C. Code Ann. §§ 17-22-910, 22-5-930). A dismissed charge may be eligible for expungement under the applicable statute, but dismissal does not itself erase the record. A person convicted of a qualifying first-offense simple-possession drug charge may apply for expungement three years after completing the sentence, including probation or parole, if the additional statutory requirements are met. The statute also permits an application for certain first-offense possession-with-intent-to-distribute convictions after 20 years from completion of the applicable sentence, subject to different eligibility conditions. Conviction-based expungement under § 22-5-930 is available only once.

Each route has distinct eligibility and application requirements. Considering those options early matters because a dismissal, a conditional discharge, PTI completion, and a conviction do not follow the same path to expungement.

What to Do Right Now

1. Do not discuss the facts of your case with friends, other people who were present, or anyone else except your lawyer. Do not assume calls or messages from jail are private; calls with family or friends may be recorded or monitored. Ask your lawyer how to communicate confidentially.
2. Do not agree to a voluntary search of your phone, car, or home before speaking with a lawyer. You can say that you do not consent. Do not interfere with officers carrying out a search under a warrant or another asserted legal authority; tell your lawyer what happened afterward.
3. Keep your bond paperwork and follow every condition. Note all court dates and contact your lawyer promptly if a condition or date is unclear.
4. Preserve potentially relevant evidence. Save messages, receipts, location records, and documents showing where you were or who had access to the car or residence. Do not delete or alter records, and discuss them with your lawyer rather than contacting potential witnesses about what they should say.
5. Contact us as soon as possible, preferably before your first court date. Bring your arrest warrant or ticket, bond paperwork, and any other charging documents to the consultation.

A practical tip: The paperwork may identify the alleged offense and the code section the State is relying on, but a section number alone does not necessarily establish the alleged drug weight or the precise penalty tier. Those details may appear in the charge description or other case materials, and the substance and weight may need to be checked against laboratory results. They can affect the available defenses and potential penalties. 

Our Drug Possession Defense Services – Free Consultation

We strive to be the best at what we do. That’s why we’re top-rated (AV) by Martindale-Hubbell, Stephan Futeral is rated 10 (Superb) by AVVO, Thomas Nelson is one of Super Lawyers Rising Stars, Stephan and Thomas are members of the National Trial Lawyers Top 100 Criminal Trial Lawyers. Our clients endorse us with 5 stars ★★★★★ on Google Reviews. If you need a criminal defense attorney for any of the following, then contact us today:

4. distribution of drugs

5. manufacture of drugs 

6. possession with intent to distribute (PWID)

1. possession of marijuana

2. possession of cocaine

3. possession of meth

4. possession with intent to distribute (PWID)

5. distribution of drugs

6. manufacture of drugs