Myrtle Beach Marijuana Attorney
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PROHIBITED ACTS A: POSSESSION AND DISTRIBUTION
OF CONTROLLED SUBSTANCES
Classification Dependent Upon Substance Code §44-53-370
Elements Of The Offense:
1.(a)That the accused, without authorization, did manufacture, distribute, or possess with intent to distribute, a controlled or counterfeit substance.OR
(b)That the accused did knowingly possess a controlled substance without authority.Note:
A controlled substance means a drug, substance, or immediate precursor in Schedules I through V in §§44-53-190, 210, 230, 250, and 270.
A counterfeit substance is a controlled substance or its container which bears the trademark, trade name, or other identifying mark of a manufacturer or distributor so as to falsely purport to be the product of said manufacturer or distributor.
Penalty:
Penalties for violating this section are dependent on the type of substance involved and the number of offenses against the accused. Refer to this Code section for appropriate remedies for each particular case. The following are a few examples of first offense penalties for manufacture or distribution:
1.Narcotic drug or LSD: imprisonment for not more than 15 years or a fine of not more than $25,000, or both. §44-53-370(b)(1).
2.Substances, other than narcotics or LSD, in Schedule I, II, or III: imprisonment for not more than five years or a fine of not more than $5,000, or both. §44-53-370(b)(2).
3.Substances in Schedule IV: imprisonment for not more than 3 years or a fine of not more than $3,000, or both. §44-53-370(b)(3).
4.Substances in Schedule V: imprisonment for not more than 1 year or a fine of not more than $1,000, or both. §44-53-370(b)(4).First offense penalties for simple possession of controlled substances:
1.Narcotics or LSD: imprisonment for not more than 2 years or fine of not more than $5,000, or both. §44-53-370(d)(1).
2.Substances in Schedules I through V, which are not narcotics or LSD: imprisonment for not more than 6 months or fine of not more than $1,000, or both. §44-53-370(d)(2).