Drug Manufacturing Charges in South Carolina
What are drug manufacturing charges in Charleston, SC?
“Manufacturing” means “making” the drug – growing weed, cooking meth, or cooking crack cocaine, for example.
Below, we will cover the basics of drug manufacturing charges in SC, including:
- Statutory definitions of drug manufacturing,
- Charges for manufacturing marijuana or manufacturing meth, and
- Potential penalties for a manufacturing conviction.
What are Drug Manufacturing Charges in SC?
Drug possession, possession with intent to distribute, and drug trafficking are all based on the weight of the drugs found. Manufacturing is when a person makes, grows, creates, mixes, or cooks the drugs, which could include:
- Growing marijuana,
- Pressing pills or creating capsules,
- Growing psilocybin mushrooms, or
- Cooking LSD, meth, or crack cocaine.
Section 44-53-375 covers crack cocaine and meth, and Section 44-53-370 covers marijuana, powder cocaine, heroin, prescription drugs, and all other controlled substances.
The most common types of drug manufacturing charges in SC include growing marijuana and cooking meth.
Whether you are running a grow room, a grow house, or an outdoor marijuana field, that’s considered manufacturing marijuana.
Weed is still very much illegal in SC, and possession of even a small amount can get you arrested. Growing a small amount – although it is legal to grow up to four plants or more in other states – will also get you arrested.
How do police make manufacturing marijuana cases in SC?
Informants are the most common way that people get busted growing weed. It could be an acquaintance that got arrested and decided to cooperate with law enforcement to “get help” on their charges, a family member, a friend, or anyone who knows about your operation and wants to see you go to jail.
Another common way that people get caught with a grow room is because of the odor – budding plants and especially buds drying on racks are notoriously stinky, and nosy neighbors or anyone who catches a whiff may contact law enforcement to report you.
In some cases, a high electric bill can result in the utility company calling in a tip to the police – especially if you don’t pay your bill…
Another common type of drug manufacturing charge is manufacturing meth – meth labs create serious hazards not only for the person running the lab but also to other homes that may be nearby due to the risk of contamination by toxic waste materials, fires, or even explosions.
In some cases, possession of the “precursors” used to cook meth may be enough for a conviction, and other charges can result from the discovery of a meth lab including:
- SC Code § 44-53-376 makes it a crime to dispose of waste from meth production or assist someone in disposing of waste from meth production and carries up to ten years for a second offense. The defendant will also be ordered to pay restitution to the agencies that were involved in the clean-up of the toxic materials.
- SC Code § 44-53-378 makes it a crime to expose a child to meth or the chemicals used to manufacture meth and carries up to ten years for a second offense.
Potential Penalties for Drug Manufacturing Charges in SC
The potential penalties for drug manufacturing are based on the type of drug and the number of prior offenses and may include mandatory minimum sentences:
|Charge||Potential Fines||Potential Prison Term|
|Manufacturing of marijuana 1st offense||Up to $5000||Up to five years|
|Manufacturing of marijuana 2nd offense||Up to $10,000||Up to ten years|
|Manufacturing of marijuana 3rd offense||Up to $20,000||Up to 20 years|
|Manufacturing of cocaine, cocaine base, or meth 1st offense||Up to $25,000||Up to 15 years|
|Manufacturing of cocaine, cocaine base, or meth 2nd offense||Up to $50,000||5-30 years|
|Manufacturing of cocaine, cocaine base, or meth 3rd offense||Up to $50,000||10-30 years|
|Manufacturing of heroin 1st offense||Up to $25,000||Up to 15 years|
|Manufacturing of heroin 2nd offense||Up to $50,000||5-30 years|
|Manufacturing of heroin 3rd offense||Up to $50,000||10-30 years|
|Manufacturing of MDMA/ Ecstasy 1st offense||Up to $5000||Up to five years|
|Manufacturing of MDMA/ Ecstasy 2nd offense||Up to $10,000||Up to ten years|
|Manufacturing of MDMA/ Ecstasy 3rd offense||Up to $20,000||5-20 years|
|Manufacturing of LSD 1st offense||Up to $25,000||Up to 15 years|
|Manufacturing of MDMA/ Ecstasy||Up to $50,000||5-30 years|
|Manufacturing of MDMA/ Ecstasy||Up to $50,000||10-30 years|
Drug Manufacturing Defense Lawyers in Charleston, SC
Charleston, SC drug crimes defense attorney Grant B. Smaldone accepts criminal defense cases in the Charleston, Dorchester, Georgetown, and Myrtle Beach areas of SC, including drug distribution charges. If you’ve been charged with any drug offense in South Carolina, including:
- Simple possession,
- Possession with intent to distribute,
- Manufacturing, or
Call now at (843) 808-2100 or send us a message for a free consultation about your case.