Getting arrested for drug possession changes everything. One minute you’re going about your day, the next you’re in handcuffs, wondering what happens next.
But not all drug charges are the same. The difference between simple possession and possession with intent to distribute (PWID) can mean the difference between a misdemeanor with probation and a felony with years in prison.
For those facing possession with intent to distribute (first offense South Carolina) charges, understanding these distinctions becomes even more important. Here’s what you need to know about these two very different charges.
What Is Simple Possession in South Carolina?
Simple possession means you have drugs for personal use. The state charges simple possession when the amount you have is small enough that it appears to be for your own consumption, not for selling or giving to others.
Common simple possession charges:
- Marijuana: 28 grams (one ounce) or less
- Cocaine (powder or crack): Less than one gram
- Heroin: Less than two grains
- Methamphetamine: Less than one gram
Simple possession is typically a misdemeanor for first-time offenders. The penalties vary based on the drug type, but they’re significantly less severe than PWID charges.
What Is Possession With Intent to Distribute (PWID)?
PWID means the state believes you had drugs not just to use, but to sell, give away, or distribute to others. This is always a felony charge in South Carolina, even for a first offense.
The state can charge you with PWID in two ways:
- Based on quantity alone: If you have more than the threshold weight for a particular drug, the law creates an automatic inference that you intended to distribute it.
- Based on other evidence: Even if you have less than the threshold weight, prosecutors can still charge PWID if they have evidence like:
- Baggies, scales, or ledgers
- Multiple small packages instead of one larger amount
- Text messages or testimony about drug sales
- Large amounts of cash
- Statements you made to police
The Threshold Weights That Change Everything
South Carolina law sets specific amounts at which possession becomes PWID. Cross these thresholds, and you’re automatically looking at felony charges:
- Marijuana: More than one ounce (28 grams)
- Cocaine (powder or crack): More than one gram
- Methamphetamine: More than one gram
- Heroin: More than two grains MDMA (Ecstasy): More than 15 pills
These aren’t large amounts. You could have what you consider a personal supply and still face PWID charges.
Penalties for Simple Possession (First Offense)
Simple possession penalties vary by drug type but generally include:
Marijuana (one ounce or less):
- Up to 30 days in jail
- Fine up to $200
- No driver’s license suspension (law changed recently)
Cocaine, crack, or meth (below threshold):
- Up to 3 years in prison
- Fines vary by substance
Heroin (below threshold):
- Up to 2 years in prison
Many first-time offenders for simple possession can avoid jail through pretrial diversion programs, conditional discharge, or probation.
Penalties for PWID (First Offense)
PWID charges carry much harsher penalties, even for first-time offenders:
Marijuana PWID (over one ounce but less than 10 ounces):
- Up to 5 years in prison
- Fine up to $5,000
Cocaine or Meth PWID (over one gram):
- Up to 15 years in prison
- Fine up to $25,000
Heroin PWID (over two grains):
- Up to 15 years in prison
- Fine up to $25,000
These are maximum penalties. Actual sentences depend on factors like criminal history, the exact amount found, and whether other evidence supports distribution.
Simple Possession vs. PWID: Quick Comparison
| Factor | Simple Possession | PWID |
| Charge Type | Usually misdemeanor | Always felony |
| Marijuana Amount | 28 grams or less | Over 28 grams |
| Cocaine Amount | Less than 1 gram | Over 1 gram |
| First Offense Jail Time | Up to 30 days (marijuana) | Up to 5 years (marijuana) |
| Fines | $200-$5,000 | $5,000-$25,000+ |
| Diversion Programs | Available | Limited availability |
| Expungement Wait | 3 years | 20 years |
How Prosecutors Prove Intent to Distribute
Having more than the threshold weight creates a legal inference of intent to distribute. But that inference can be challenged.
Prosecutors often rely on additional evidence to strengthen their case:
Packaging: Drugs divided into multiple small baggies suggest distribution rather than personal use.
Paraphernalia: Scales, empty baggies, ledgers, or large amounts of cash indicate drug dealing.
Communications: Text messages, phone records, or testimony from others about buying drugs from you.
Your statements: Anything you told police during questioning. This is why you should never talk to the police without a lawyer.
Location: Where you were arrested can matter. Being near a school adds enhanced penalties.
Can PWID Charges Be Reduced to Simple Possession?
Yes. Even if you had more than the threshold weight, a lawyer can argue the drugs were for personal use, not distribution.
Defenses that can reduce charges:
- No evidence of distribution paraphernalia
- Drugs were in a single container, not packaged for sale
- No communications about drug sales
- Amount only slightly over the threshold
- Personal use history documented
If the prosecution can’t prove intent to distribute beyond a reasonable doubt, you might be convicted only of simple possession—a much less serious charge.
The Difference Between PWID and Drug Trafficking
PWID and trafficking both involve larger quantities of drugs, but trafficking requires even higher amounts:
- Marijuana trafficking: More than 10 pounds
- Cocaine trafficking: More than 10 grams
- Heroin trafficking: More than 4 grams
Trafficking charges carry mandatory minimum sentences with no possibility of probation. These are the most serious drug charges in South Carolina.
Why the Charge Matters for First-Time Offenders
If you’ve never been in trouble before, the type of charge determines your options:
Simple possession offers:
- Pretrial intervention programs
- Conditional discharge (charges dismissed after completing requirements)
- Drug court
- Expungement after 3 years
PWID limits your options:
- No conditional discharge available
- Harder to negotiate favorable plea deals
- Longer waiting period for expungement (20 years)
- Felony record affects employment, housing, and education
Defenses Against Drug Charges
Several defenses can apply to both simple possession and PWID charges:
- Illegal search and seizure: If police violated your Fourth Amendment rights, evidence gets suppressed.
- Lack of possession: The drugs belonged to someone else or you didn’t know they were there.
- Lack of intent: For PWID charges, showing the drugs were for personal use only.
- Constructive possession issues: Proving you had control over drugs found in a shared space.
- Lab testing problems: Challenging whether the substance was actually an illegal drug.
Know Your Options
The line between simple possession and PWID isn’t always clear. Small differences in quantity or circumstances can mean wildly different consequences.
Attorneys at Okoye Law in Rock Hill can review your specific situation and help you understand whether you’re facing simple possession or PWID charges, what defenses apply, and what options are available.
If you’re facing your first drug charge, don’t assume it will just go away or that being a first-time offender automatically means leniency. Drug charges especially PWID are taken seriously in South Carolina.
Get legal help immediately. Understand the specific charges against you. Your future depends on the decisions you make right now.
