Illegal Substances

Heroin

Possession of 2 grains or less of heroin is a misdemeanor and is punishable by up to 2 years in jail and $5,000 in fines.  A second offense is a felony and is punishable by up to 5 years in prison and $5,000 in fines.  For a third or subsequent offense, the penalty increases to a maximum of 5 years in prison and $10,000 in fines.  S.C. Code Section 44-53-370(d)(1). 

If a person is in possession of more than 2 grains of heroin, that is considered manufacturing, distributing or possession with intent to distribute heroin, which is a serious felony.  A first offense is punishable by up to 15 years in prison and $25,000 in fines.  A second offense carries a penalty with a minimum prison sentence of 5 years, with the maximum being 30 years and a $50,000 fine.  A third or subsequent offense brings a prison sentence between 15 and 30 years and a $50,000 fine.  S.C. Code Section 44-53-370(b)(1). 

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